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SUPREME COURT: THE INSURANCE COMPANY IS RESPONSIBLE FOR THE BANK'S LOSSES, NOT THE BORROWER

... Taking into account the circumstances of the case related to the delay in the payment of compensation by the insurer, the courts indicated that the debtor would subsequently be able to file a claim for damages to the insurance company. However, the Supreme Court of the Russian Federation did not agree with the arguments of the lower courts. He recalled that it is the insurance company that should be responsible for losses due to late payment of the loan repayment. The debtor is not responsible for improper performance by the insurer of its obligations under the insurance contract, where the beneficiary is the bank. Since the legal dispute between the insurance company ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE RECOVERY OF LOSSES FROM THE EX-DIRECTOR

... amount greater than provided for in the employment contract. According to the participants, these actions form the composition of losses, since the approval of the participants, which was not received, is necessary for awarding the director. Refusing to satisfy ... ... documents do not explicitly prohibit the defendant from assigning incentive payments to himself as the general director. As the Supreme Court pointed out, according to the applicant of the cassation complaint, the courts actually support the position that ...

IF THE HEAD OF THE DEBTOR TRIES TO COLLECT DOCUMENTS, LOSSES FOR THEIR NON-TRANSFER CANNOT BE RECOVERED

... instances, satisfying the requirements, proceeded from the presence of a causal relationship between the actions (inaction) of the defendant for failure to ensure the safety of accounting documents, non-transfer of property to the bankruptcy estate and losses on the debtor's side in the amount of reserves reflected in the debtor's balance sheet for 2018. The Supreme Court referred the defendant's complaint to the board for consideration and noted the following: The applicant indicates that the enforcement proceedings for the demand for documentation have not been completed, have not been terminated, and the ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE SPECIFICS OF RECOVERY OF DAMAGES IN CASE OF PLEDGE

... overturned these orders, having rejected the claim of the applicant. The pledgee tried to challenge the issued judicial act in the Supreme Court of the Russian Federation, which concluded that damages would be collected from the pledger. The arguments of the ... ... the pledgee, the agreement concluded between the parties was terminated. Consequently, the defendant did not have to pay any losses associated with the reduced value of the transferred property. However, the applicant continued to challenge this decision,...

THE RECOVERY OF DAMAGES FROM THE ARBITRATION MANAGER DOES NOT INDICATE THE WILLFULNESS OF VIOLATIONS

As part of the bankruptcy proceedings, the arbitration manager was subject to compulsory insurance compensation for losses to the creditor. The insurer, based on this fact, filed a claim with the court for the recovery of material assets from ... ... with this judicial act, the willfulness of the manager's actions was considered proven. The manager filed a complaint with the Supreme Court of the Russian Federation, accepted for production. During its consideration, the judicial acts of lower instances ...

A REQUIREMENT NOT PROVIDED BY LAW DOES NOT EXCLUDE ITS SATISFACTION BY THE COURT

... to the recovery of funds. The Court of First Instance granted the application. However, the appeal and cassation did not agree with him, which indicated that such requirements were not provided for by law and refused to satisfy the application. The Supreme Court of the Russian Federation referred the cassation appeal to the judicial board, noting that the repayment of a debt to the debtor under a judicial act on damages entails the termination of recovery in favor of the debtor on a restitution ...

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