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Supreme Court of Russia resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: it was a house with an area of over 300 sq.m., as well as the land plot on which it was located. The process was initiated by the debtor himself, who, referring ...

DISTRICT COURT NAMED A PERSON RESPONSIBLE FOR SAFETY OF THE DEBTOR’S DOCUMENTS

..., that he did not know where the requested documentation was and still would not be able to execute the judicial act. At the same time, the court of first instance satisfied the manager's claim, as well as the court of appeal. However, the district court took the situation differently, having recalled that the responsibility for the safety of the debtor's documentation still was his head’s responsibility, which is why he was obliged to prove the impossibility of presenting it to the manager. As a result, the case will now be reconsidered in the court of first instance (decision in case No. F09-8491 ...

DEBTORS WILL BE GIVEN THE OPPORTUNITY TO REQUEST THE RESUMPTION OF ENFORCEMENT PROCEEDINGS

... Government of the Russian Federation has approved a bill setting a deadline for the resumption of suspended enforcement proceedings – up to three years. The relevant draft was prepared by the Ministry of Justice pursuant to the decision of the Constitutional Court. As explained in the explanatory note, the proposed changes will give the debtor the opportunity to apply for the resumption of suspended enforcement proceedings. In addition, the bill makes it possible to exclude abuse by the recoverer. As the legislators noted, a number of grounds for suspending enforcement proceedings may ...

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

... referred to the fact that in the framework of the bankruptcy case of one of the debtor's creditors, the transaction on the transfer of funds by the debtor in favor of the creditor was challenged, this restorative claim was subsequently included in the debtor's register. The court of first instance agreed with the arguments of the manager, noting that the defendant was obliged to apply to the court for bankruptcy of the debtor under his control no later than the date of entry into force of the ruling on the recognition of ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION MAY RECONSIDER ITS POSITION ON THE ONLY HOUSING IN BANKRUPTCY

... debtor held a passive position throughout the entire period of consideration of the dispute and submitted an application for the exclusion of the property from the bankruptcy estate only after the auction. Having disagreed with the judicial acts, the debtor, together with his father, filed a complaint with the Supreme Court of the Russian Federation, which was submitted for consideration at the judicial session of the collegium. As arguments, the cassators cited facts to refute the arguments regarding the passive position in the bankruptcy case, as well as an indication ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO, which proposed a new candidate. In the court of first instance,...

Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

... detailed consideration of the issue. In the opinion of the Economic Board, offset agreements could not be considered preference transactions, since the decision on this type of settlement with the customer was made by the customer himself, but not by the debtor contractor. Thus, according to the Supreme Court of the Russian Federation, the settlement operation that took place could not be challenged under the rules of Article 61.3 of the Insolvency Law ( decision No. 302-ES21-17975 of January 20, 2022 in case № A19-5340 / 2016).

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the ...

Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children

... in various ways: by analyzing bank statements, initiating a separate dispute when challenging an agreement and other similar instruments. The trustee demanded to provide information about the spouse's property from the moment of her marriage with the debtor (1997), and information about the assets of the children from the moment of their birth. In the latter, the courts rejected Kapkaev’s claim, having found no legal grounds for this. In the Supreme Court, trustee was represented by Andrei Makarov, who drew the attention of the judges to the lack of children’s own income, as well as to the presence of precedents ...

The court named the reasons for the decrease in bankruptcy trustee’s remuneration

... creditor, from whom the lower courts recovered the bankruptcy trustee’s remuneration. The applicant disagreed with this state of affairs and challenged the decisions, which the district considered premature. The question concerned a bankruptcy case of a debtor, in the course of which the trustee first asked the court to discontinue the proceedings, citing insufficient funds, and then demanded that the applicant in the bankruptcy process pay remuneration for the work done in his favor. When considering the case, the courts of the first and appeal instances came ...

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