Search

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

The Economic Board considered a case on the challenging of the court decision, which recognized the multimillion-dollar debt of an insolvent legal entity in favor of a third company, by one of the creditors (tax authority). The court of appeal and the district court refused to consider the complaint due to the fact that a one-month procedural time limit had been missed missed. The disputed debt to the company was formed on the basis of a contract agreement, according to which the bankrupt accepted...

Supreme Court of Russia puts an end to the case on the subordination of the restitution claim

The case was considered by the highest court at the request of the debtor, who was dissatisfied with the decisions of the lower courts. The claims for the inclusion of a restitution claim in the register of creditors’ claims, filed by one of the creditors, were subordinated by the first instance, but the court of appeal and the district court cancelled the order. Having considered the issue, the Supreme Court of the Russian Federation supported the position of the court of first instance. There...

Covid-19 caused cancellation of two judicial acts

The case on the complaint of an individual, whose appeal to accept additional evidence was rejected, was referred to the highest court of Russia. The district court subsequently made a similar decision, but the Supreme Court of the Russian Federation did not agree with this position. The question concerned a bankruptcy case, in the framework of which the liquidator was challenging a number of money transactions made to the applicant during a period of suspicion. The anti-crisis manager considered...

Supreme Court of Russia pointed out the mistake of a trustee made during the enforcement of the pledge

As part of the company's insolvency case, the tax authority applied to court and filed a claim against the actions of a bankruptcy trustee. The applicant was dissatisfied by the fact that the anti-crisis manager, in his opinion, made a premature settlement with the secured creditor. In addition, the Federal Tax Service asked to remove the trustee from his position and recover 10 million losses from him. The courts of three instances consistently rejected the claim, considering them unfounded...

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

The highest court of 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...

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 and the district court sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision. The Economic Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims...

Sorted by relevance | Sort by date