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The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

The Economic Board of the Supreme Court of Russia considered the case on the complaint of the creditor (bank), which challenged the conclusion of an amicable agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's ...

Modified: 08.27.2021
Supreme Court , determination , amicable agreement , bankruptcy , challenge , creditor , debtor
Path: РусБанкрот - СМИ

SUPREME COURT OF RUSSIA: CREDITOR MAY MISS THE STATUE OF LIMITATIONS OF PENALTY PAYMENT IN BANKRUPTCY

... considered that the calculation of the period during which the forwarder was entitled to claim for a penalty should be calculated from the moment of filing a claim for the recovery of the main debt, in which case the period has long passed. However, the Supreme Court has rejected this position, pointing out that in this case, the special provision of the Law on Freight Forwarding Activities is not applicable. The Economic Board recalled that according to the Article 207 of the Civil Code of the Russian ...

Modified: 08.16.2021
Supreme Court , determination , penalty , inclusion in the register of creditors’ claims , statue of limitation , period , court , bankruptcy
Path: РусБанкрот - СМИ

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

The Economic Board of the Supreme Court of the Russian Federation considered the case at the request of a bankruptcy trustee. He demanded that the transaction must be invalidated by offsetting similar claims, and the parties to the agreement were the contractor (bankrupt company) ...

Modified: 05.21.2021
bankruptcy of a company , bankruptcy of a contractor , arbitration court , Supreme Court , determination , offset of claims , challenging the transaction , debtor , creditor , bankruptcy
Path: РусБанкрот - СМИ
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