Search

Supreme Court of Russia explained how to deal with leasing in case of bankruptcy

Not so long ago, the Supreme Court of the Russian Federation published a new Review of Judicial Practice concerning various areas of law, including insolvency cases. Specifically in this document, the highest court paid attention to leasing agreements and the specifics of working with them in the event of bankruptcy of one of the parties. A number of important theses of the Supreme Court of Russia are collected in this material. If a bankruptcy procedure has been introduced against the lessee, the lessor has the right to submit an independent claim ...

FEATURES OF RESTITUTION IN CONTESTING LEASING TRANSACTIONS

In the framework of the bankruptcy case (No. A56-26532/20), the manager appealed to the court with an application to challenge transactions on the transfer of the debtor's rights under leasing agreements and the return of cars to the bankruptcy estate. The application was satisfied by the courts of two instances, based on the fact that in this case the assignment of rights and obligations under leasing agreements is actually gratuitous, the debtor has not received a counter-provision ...

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

... 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 the applicant and satisfied the claim. Then the company, which received payment under the lease agreement, applied to the Supreme Court of Russia, which sided with it. The highest court reminded ...

IF THE LEASED ITEM HAS NOT BEEN TRANSFERRED, THE ADVANCE IS REFUNDABLE

... recovery of unjustified enrichment. In substantiation of the claim, the plaintiff pointed to the fact of transferring to the lessor an advance payment, which should have been sent to the seller as payment for the leased item. At the same time, the leasing object was never transferred to the lessee, in connection with which he filed a claim for the recovery of the unprocessed advance. The courts of three instances rejected the claim with reference to the fact that the circumstances under which the ...

Sorted by relevance | Sort by date