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Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

The Economic Board considered the complaint of the debtor and the tax authority against the decisions of the courts of appeal and the district, by which the claims of the creditor affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt should be subordinated, as the judge at first instance considered. The Supreme Court of Russia put an end to the matter with ...

Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

The highest court of Russia considered the complaint of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of Russia ...

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.... ... Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting ...

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

... 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 ... ... satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal Tax Service, it became clear that the debt ...

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

The highest court considered the case, one of the creditors in which filed the claims for inclusion in the register of creditors’ claims. The two first instances supported it,... ... the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's first bankruptcy case. Then the creditor announced his intention to pay off all the debts of the company, which he subsequently ...

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 ...

The Supreme Court demanded a more detailed consideration of the issue of debt

The highest court considered the case of challenging the debtor's debt to one of the creditors. Prior to this, the judicial act was considered by higher instances on the complaint of the debtor himself, but was kept in force. After that, having reached the Supreme Court of Russia, the act was canceled. The question concerned the debt ...

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

... assignor without consideration, citing the fact that there was unanswerable cause of action. The fact was that the new cession debtor applied to the arbitration court with a demand to challenge the concluded agreements. However, the instance of appeal pointed ... ... standard evidence, and the process of verifying their validity is not very difficult. Thus, when deciding whether to accept a creditor's claim for processing, the courts must establish whether it is based on a loan agreement with a bank. Consequently, ...

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 ...

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