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THE SUPREME COURT OF RUSSIA SUMMED UP THE RESULTS OF IMPOSITION OF MORATORIUM ON BANKRUPTCY

The moratorium on bankruptcy, which was introduced in the spring of 2020, provoked many questions in law enforcement activity. This led to a kind of summing up the results of its imposition in the form of a new resolution of the Plenum of the Supreme Court of Russia, which consolidated a number of important theses. Some of them are here in our selection. 1. The law allows a debtor included in the list of companies subject to the moratorium to be declared bankrupt in a situation where this ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... legality of such an action, as well as the reasonableness of the amount of remuneration established for it. In addition, the Supreme Court of Russia drew attention to the fact of possible affiliation of the company that held the auction with a person who previously was the bankruptcy trustee of a debtor. This fact was not challenged in the course of the court hearings, but was not taken into account ... ... invalid was recognized justified. The multimillion-dollar remuneration claim of the company that held the auction was rejected ( ruling of October 7, 2021 No. 305-ES16-20151 (14, 15) in case № A40-168854 / 2014).

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