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Supreme Court of Russia deprived bankruptcy trustee of remuneration due to bad faith

The Economic Board considered the issue of payment of remuneration to the bankruptcy trustee of the debtor, which was calculated according to the results of the sale of property at auction. The application ... ... instance, however, the appeal and district courts canceled the judicial act, and the claims of the trustee were satisfied. The Supreme Court of Russia figured out the issue and rejected his claim, citing dishonest behavior. The fact is that the auction ...

The Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... debtor applied to the arbitration court with a demand to challenge the concluded agreements. However, the instance of appeal pointed out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file a bankruptcy petition for his debtor without asking for the debt. The point in the case was put by Supreme Court of Russia, which noted that the rule providing banks with the opportunity to initiate bankruptcy of their debtors was due to the fact that these requirements, as a rule, are confirmed by standard evidence, and the process of verifying their ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with the applicant and satisfied the claim. Then the company, which received ...

Supreme Court of Russia clarified the features of termination of pledge in bankruptcy

Economic Board of the supreme court of Russia considered the case on the complaint of a bankruptcy trustee of the debtor, who expressed disagreement with the position of the lower courts. The question concerned the pledged property, which the trustee intended to sell at the auction, and the debtor indicated the presence of the burden in ...

Should a bankruptcy trustee report the arrest of property during bidding?

The complaint of the failed buyer of the debtor's property was submitted to the Supreme Court of the Russian Federation for consideration. The house and the land plot of the latter were put up for an auction by the bankruptcy trustee, after which the only participant, an individual entrepreneur, responded to the application. However, having paid a deposit, he found out that the property was under arrest in a criminal case and made a decision to abandon the deal,...

Supreme Court of Russia indicated when it is possible to reclaim the debtor's property from his head

The Economic Board considered the case on the application of a bankruptcy trustee to reclaim the vehicles belonging to the company from the former head of debtor. The courts of three instances took the side of the anti-crisis manager. However, the Supreme Court of the Russian Federation identified the mistake made ...

Supreme Court of Russia clarified how to identify an invalid creditor

... debt was based on an assignment agreement, as well as on a cash receipt, according to which the assignor transferred the funds to the bankrupt company. The courts of three instances did not see the problem and the claim was satisfied, however, the Supreme Court of Russia drew attention to the importance of a detailed examination of each statement of the creditor in order to determine the validity of his claims. In particular, the economic board noted that the fact of transferring funds to the debtor ...

Supreme Court of Russia supported the position of colleagues on the invalidity of a deed of gift

... such circumstances, the agreement should be recognized as an invalid transaction and the property should be returned to the bankruptcy estate, but this position was not supported by the district court. Its board noted that the debtor did not have the ... ... under a surety agreement. The main borrower was the company controlled by the future bankrupt. Considering the complaint, the Supreme Court of Russia recalled that the recognition of an agreement on the deed of gift as invalid is possible if three conditions ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court of first instance terminated the proceedings, but the appeal ... ... Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected ...

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