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Supreme Court of Russia indicated when the bankruptcy trustee is guilty of not challenging transactions

The Economic Board considered the case of recovery of damages from the bankruptcy trustee, who "did not notice" the withdrawal of the debtor's assets and did not challenge the transaction. At the same time, when the bankruptcy proceedings were introduced against the company, another person, who had the procedural opportunity to challenge the transaction, was appointed to the position of the bankruptcy trustee. This fact confused the lower courts. The issue was finally resolved by the...

What to do with a chain of transactions with the debtor's property

The Supreme Court considered the complaint of the bankrupt company, which remained dissatisfied with the decisions of lower instances. The judges successively recognized the transaction on the alienation of the land plots by the applicant as invalid and made a decision to return the money paid to the buyer's bankruptcy estate. However, the Supreme Court ...

Supreme Court of the Russian Federation resolved the dispute with the recovery of debt on bail

... were previously recorded by a judicial act. The creditor's application was satisfied by the court of first instance and the disputed amount was included in the register. However, the three of judges in the appeal doubted the fidelity of the adopted decision and canceled the judicial act. The reasoning part indicated that the applicant filed a claim outside the period of bail agreed upon by the parties. The fact was that the period specified in the main contract had indeed expired. The creditor was ...

Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

... assignor to the assignee. Thus, if the assignor (bank) by law had the right to initiate a case on the insolvency of a citizen without additional prolongation of the debt, then the buyer of this debt (the assignee), had the same rights. As a result, the decisions of the lower instances were canceled, and the dispute was sent for reconsideration to work on the errors ( decision No. 306-ES21-19441 of March 18, 2022).

What actions should not be taken by bankruptcy trustee when bidding

... application and won the auction, but belatedly. The OFAS considered such behavior of the trustee to be inconsistent with the law and held him accountable, having explained to the failed winner that he had a right to challenge the result of the auction ( decision of the Tula OFAS of Russia in case No. 071/10/18.1-64/2022 dated February 10, 2022).

The court stood up for a bona fide buyer of the bankrupt’s real estate

... district court noted that the buyer of property had no special knowledge in this area, he bought the apartment for himself and his family, where he moved after signing the deal. No evidence of his bad faith was presented to the court. As a result, the decisions of the lower courts were canceled, and the case will be reconsidered in the court of first instance ( decision in case No. А56-87250/2017 dated February 14, 2022).

Supreme Court of Russia pointed to the dual responsibility of a person controlling debtor as a surety

... responsibility arose from civil law relations, and the responsibility of a person controlling debtor - from delictual relations. Thus, the responsibility is not the same, as it differs in reasons. This means that both varieties have the right to exist ( decision № 308-ES17-15907 (7) dated December 27, 2021).

Supreme Court of Russia explained what to do with a pledge lender who failed to file the claims in time

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the debtor, who remained dissatisfied with the result of the decisions made by the lower instances. The judges reinstated the deadline for filing an application for the inclusion in the register of creditors’ claims of a claim of a pledge lender, who failed to do it in time, although the debtor believed that the ...

Supreme Court of Russia considered the case of the ‘protective’ tariffs of bank

... separate loan agreement. This argument was not taken into consideration by the lower instances and actually was ignored. As a result, the Supreme Court of Russia canceled the decrees issued by the lower instances and sent the dispute for reconsideration ( decision № 304-ES21-14940 of December 7, 2021 in case No. A45-20530 / 2020).

Supreme Court of Russia determined the time period for consideration of claims on invalid transaction

... obligations, the enforcement proceedings against him were terminated, after which he applied to the court with a demand to include the debt to him in the register of creditors’ claims. The courts of three instances consistently satisfied the claim, but such a decision turned out to be erroneous. The Supreme Court of Russia recalled that a claim on a recognized transaction is considered to be declared on time if it has been failed within two months after the entry of a judicial act declaring the transaction ...

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