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THE SUPREME COURT DEALT WITH THE ECONOMIC FEASIBILITY OF A SETTLEMENT AGREEMENT IN BANKRUPTCY

... come from creditors in accordance with the terms of the settlement agreement will be enough to settle with all creditors of the debtor. After the execution of the settlement agreement, the debtor will have property to continue economic activity. The Supreme Court of the Russian Federation sent the dispute for a new consideration and pointed out the following circumstances: "The conclusion of the disputed settlement agreement was aimed at withdrawing the debtor's only liquid asset in favor of ...

THE SUPREME COURT WILL CONSIDER THE ISSUE OF VIOLATION OF THE RIGHTS OF BANKRUPT PARTICIPANTS BY THE SETTLEMENT AGREEMENT

... considered the submitted text of the settlement agreement reasonable and aimed at ensuring the rights of all participants in the bankruptcy case, and therefore discontinued the proceedings. The debtor's participants filed cassation complaints to the Supreme Court of the Russian Federation and pointed to the transfer of property at an undervalued value in the presence of potential buyers willing to purchase it at a significantly higher cost, the lack of approval of the settlement agreement as a major ...

THE SUPREME COURT WILL DETERMINE THE LIMITS OF CHALLENGING THE TRANSACTIONS OF A COMPANY SOLD BANKRUPT FOR THE WITHDRAWAL OF ASSETS

... legal qualification of the relationship, on the basis of which the provisions of the law to be applied for the correct resolution of the dispute are determined. In particular, he noted the wrongly applied rules on the limitation period. Judge of the Supreme Court of the Russian Federation E.N. Zolotova considered the arguments of the complaint worthy of attention and referred the dispute to the Judicial Board for Economic Disputes. The court will consider the case on September 21, 2023.

THE SUPREME COURT REFUSED TO RECOGNIZE THE DECISION OF THE ARBITRATION COURT

... is not enough to recognize it as contrary to the rule of law of the Russian Federation. In addition, the parties themselves agreed on the final nature of the decision. In this regard, the satisfaction was denied. The appeal upheld these findings. The Supreme Court, however, did not agree with the decision. They recalled that the cancellation of the decision of the arbitration court due to its contradiction to the rule of law of the Russian Federation cannot be limited by such factors as the consent ...

THE SUPREME COURT ASSESSED THE RESTORATION OF THE DEADLINE FOR FILING A BANKRUPTCY COMPLAINT

... against the court's decision on time through affiliated creditors. The applicant also noted that two years earlier another person controlling the debtor had filed a petition for the restoration of the term in similar circumstances and was refused. The Supreme Court evaluated the arguments presented and sided with the creditor. The circumstances indicated in the complaint were not properly assessed and it is impossible to consider restoring the term without studying them. The decision was canceled, ...

THE SUPREME COURT QUESTIONED THE ONLY UNFINISHED HOUSING

... fact that the disputed house is the only housing for the debtor and his family members, and the defendant's obligation to the plaintiff is not a credit, in connection with which the house is covered by executive immunity. This approach did not suit the Supreme Court of the Russian Federation, which sent the dispute for a new consideration, noting the following. Firstly, the court recalled that the executive immunity of a single dwelling is not unconditional. Secondly, the Supreme Court stressed that ...

THE SUPREME COURT DID NOT COLLECT THE BRIBE, AS THE ACCUSED HAS ALREADY BEEN FINED

... committed for a purpose that is obviously contrary to the foundations of law and order and morality, and applied the consequences of their invalidity in the form of a penalty in favor of the state. The appeal and cassation agreed with this conclusion. The Supreme Court pointed out that the recognition of an antisocial transaction as void entails general consequences in the form of restitution, and the recovery of all received under such a transaction to the income of the Russian Federation is possible ...

THE SUPREME COURT REFUSED TO APPLY RESTITUTION AGAINST A THIRD PERSON

... agreed with the plaintiff's opinion and satisfied the claim, considering that the money was transferred by the plaintiff as a performance of the loan agreement, which means he had every right to recover this amount from the defendant in restitution. The Supreme Court of the Russian Federation explained: the agent was not a party to the loan agreement and was not bound by contractual relations with the plaintiff. The lower courts did not properly assess the defendant's arguments that the payment was made ...

THE SUPREME COURT WILL CONSIDER THE INCLUSION OF COMMON-HOUSE PROPERTY IN THE BANKRUPTCY ESTATE

... the owners of the premises on the fate of the communal property, priority in establishing the rightholder of such property is given to information entered in the Unified State Register of Real Estate about the debtor as the owner of the basement. The Supreme Court of the Russian Federation referred the applicant's complaint to the board for consideration, drawing attention to the arguments that the court of appeal did not take into account the fact that the right of common shared ownership of communal ...

THE SUPREME COURT APPROVED THE POSTPONEMENT OF PAYMENT OF THE FEE FOR THE PRISONER

..., since the application did not specify the period for which the postponement should be established, and the circumstances indicating that he had the opportunity to pay the state duty in the future, satisfaction was refused. Citizen.the Board of the Supreme Court found the conclusions of the lower courts erroneous. Failure to indicate in the application the date or event before which the applicant requests to postpone the payment of the state fee is not in itself a reason for refusing to grant such ...

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