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Supreme Court of Russia indicated criteria for challenging the debtor's transaction

The highest court of Russia considered the case on the complaint of a buyer of the debtor's property, whom the district court suspected of being aware of the illegality of the transaction. At the same time, two lower instances did not see malicious intent in the applicant's actions, considering him a bona fide buyer. The Supreme Court ...

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,...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CASE ON THE DISPUTE ABOUT THE DEBTOR'S PROPERTY AFTER HIS DEATH

The case on the complaint of the heiress of the deceased debtor was transferred to the judicial board of the Supreme Court of Russia. The woman demanded that the courts exclude 1/3 of the apartment's share from the bankruptcy estate, but her claim was rejected. The situation began as an ordinary bankruptcy ...

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

... act of reconciliation of mutual settlements signed between the parties. The court recognized the claims as justified and 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 previously declared to it was significantly lower than the debt that has been actually formed. After that, the tax authority ...

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 ...

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

... affiliation and, as a result, compensatory funding. The applicant did not agree with this position, which was the reason for 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 did, and the insolvency case was closed. However, this did not help - the debtor again ended up in bankruptcy proceedings....

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,...

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 ...

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 Supreme Court of Russia named the terms of simplified bankruptcy proceedings

... come to a consensus on the fate of the case. The first instance and the district court left the application filed by the 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 out that the applicant's claim was acquired on the basis of a loan agreement, which means that he has the right to file ...

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