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Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO, which proposed a new candidate. In the court of first instance, the claim was satisfied, but the appeal considered ...

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 canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment ...

Supreme Court of Russia clarified the difference between the currency of debt and the currency of payment

As a part of the insolvency case, the bankruptcy trustee applied to the court with a demand to invalidate the supplementary agreement to the lease concluded between the debtor and the creditor. The courts of three instances satisfied the application, but the Supreme Court of Russia canceled the rulings, pointing out the errors in their adoption. The question concerned a long-term lease agreement to which the parties signed an additional ...

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