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

... 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 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 ...

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

... has been failed within two months after the entry of a judicial act declaring the transaction invalid into force, which was not done. Consequently, the applicant was late, and his debt could be paid only after all financial claims of the registered creditors are satisfied ( decision № 305-ES18-19088 (5) of October 20, 2021 in case № A40-26474 / 2016).

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 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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