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

... considered a case in which the bank demanded that the debt arising from the pledge agreement be included in the register of creditors’ claims. At the same time, the fact of non-payment and the existence of an obligation were previously recorded by a ... ... 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 ...

Modified: 03.28.2022
Supreme Court of Russia , pledge , creditor , debtor , inclusion in the register of creditors’ claims , decision , debt , bankruptcy
Path: РусБанкрот - СМИ

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

... Economic Board considered the case on the inclusion of the debt of the bankrupt company to the buyer of a car into the register of creditors’ claims. The lower courts did not see any problems and satisfied the claim. However, the representatives of the Highest ... ... 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 ...

Modified: 11.25.2021
Supreme Court of Russia , decision , invalid transaction , creditor , debtor , inclusion in the RTK , company bankruptcy , bankruptcy
Path: РусБанкрот - СМИ

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 controversial agreement, which ... ... 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).

Modified: 11.23.2021
Supreme Court of Russia , decision , cession agreement , USRLE , company bankruptcy , manager , debtor , creditor , bankruptcy , court
Path: РусБанкрот - СМИ
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