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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 ...

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

... 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 of the Russian Federation pointed out that not everything was so simple in the case under consideration. The situation began to unfold even before the recognition of the real estate seller bankrupt. A month ...

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 ...

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

... the court of appeal, since it was made at the time of bankruptcy proceedings of the debtor, without obtaining the consent of a bankruptcy trustee. In addition, under the terms of the contract, most of the funds were to go to the seller's wife and only less ... ... 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 ...

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

... 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 ... ... latter received money from the creditor. Subsequently, the debtor (individual) applied to the court with a petition for his own bankruptcy, indicating the debt to the pledge lender. Bankruptcy trustee sent a notice about the commencement of the insolvency ...

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 ...

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.... ... justify the fact that the entry contained in the Unified State Register of Legal Entities was erroneous with other documents ( decision No. 305-ES21-4104 (2) dated October 14, 2021 in case № A40-84439/2019).

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