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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 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 ... ... the case. A year before the initiation of insolvency proceedings and two years before the company was declared bankrupt and bankruptcy proceedings were opened, the future debtor and an individual signed a contract for the sale of a non-residential building....

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 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 ...

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 instances agreed with ...

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 the form of a pledge. The ...

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.... ... 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 ...

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

... the debt was confirmed, among other things, by an 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 ... ... Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register of creditors’ claims. It was ...

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. As part ...

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 ... ... first instance took into account that the companies were affiliated and were subordinate to one beneficiary, while, despite the bankruptcy proceedings initiated against both companies, Rosalko subordinated the claims. The Court of Appeal, the position of ...

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