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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,...

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

The complaint of the failed buyer of the debtor's property was submitted to the Supreme Court of the Russian Federation for consideration. The house and the land plot ... ... 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 ...

Rent of a house in Rublyovka became the subject of a bankruptcy case

The case on the complaint of the bankruptcy trustee of debtor was referred to the highest court of Russia. The anti-crisis manager received refusals to satisfy his claim in lower instances and decided to seek justice in the Supreme Court of Russia. The Economic Board listened to the arguments and urged colleagues to reconsider the case, pointing out the mistakes made. ...

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 took place and was documented, which meant that there were grounds for including the...

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 ...

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 ...

THE DISTRICT COURT OUTLINED THE PECULIARITIES OF INVOLVEMENT THE APPRAISER IN BANKRUPTCY

The Arbitration Court of the North Caucasian Federal District considered the case on the complaint of one of the creditors. The applicant was not satisfied with the rulings adopted by the lower courts, by which the bankruptcy manager of the debtor was allowed to involve an appraiser to determine the value of the latter's property. The creditor considered that the manager was able to carry out the assessment himself, and there was no need to spend funds from the bankruptcy estate on it....

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