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Supreme Court of Russia indicated when it is possible to reclaim the debtor's property from his head

The Economic Board considered the case on the application of a bankruptcy trustee to reclaim the vehicles belonging to the company from the former head of debtor. The courts of three instances took the side of the anti-crisis manager. However, the Supreme Court of the Russian Federation identified the mistake made and sent the dispute for reconsideration. The trustee’s arguments boiled down to the fact that the vehicles belonged to the debtor, but his head, did not transfer ...

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 the applicant and satisfied the claim. Then the company, which received ...

Should a bankruptcy trustee report the arrest of property during bidding?

... by him. In addition, the applicant should have carefully studied the subject of the contract before buying and depositing money. When considering the complaint, the economic board and its three judges came to the conclusion that the arguments of the manager and lower instances were untenable. The Supreme Court of the Russian Federation cancelled all three court decisions and called for a reconsideration of the dispute in the court of first instance ( decision No. 305-ES21-18687 of February 24, 2022)....

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