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IGNORANCE OF THE LAW FREED THE BANKRUPT FROM RESPONSIBILITY IN THE SUPREME COURT

Pensioner Tamara Volkonskaya from the Tyumen region managed to restore her reputation in the Supreme Court. The woman appealed there with a complaint against the decision of the cassation, which accused her of dishonesty during the bankruptcy procedure. The ruling on the case (No. A70-1042/2017) was made by the Economic Board at the end of March ...

THE SUPREME COURT EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

On March 23, a meeting of the Judicial Board of the Supreme Court of the Russian Federation on economic Disputes in the bankruptcy case of the Kraft Group company (No. A40-151643/2020) was held. A complaint against the decision of three judicial instances was filed by the bankruptcy trustee Vyacheslav ...

THE SUPREME COURT WILL CONSIDER THE LIMITS OF THE GUARANTOR'S FORMALISM IN THE BANKRUPTCY OF THE PRINCIPAL

... beneficiary. Despite Article 370 of the Civil Code of the Russian Federation, the courts unanimously pointed to non-compliance with one of the conditions in the bank guarantee agreement. AHK Sukhoi became a part of PJSC UAC in June 2022. Her appeal to the Supreme Court of the Russian Federation with a complaint seemed interesting to Judge Natalia Pavlova. On March 22, she issued a Ruling (No. 305-ES22-23473) on the transfer of the case to the Economic Board. According to experts, its outcome may have a ...

THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF THE TRANSACTION TO REPAY THE FICTITIOUS DEBT

... off the latter's debt to the contractor. The courts of three instances refused to satisfy the claim, justifying such a decision by the fact that the reality of contractual legal relations was confirmed by the documents submitted to the case file. The Supreme Court of the Russian Federation, referring the case to the board, drew attention to the arguments of the cassator that the debt transfer agreement was concluded solely to create an artificial debt to give legitimacy to the withdrawal of the debtor's ...

THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

... applicant (FTS) of the costs of the procedure and remuneration of the arbitration manager. The court of first instance satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application. The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the ...

THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF TRANSACTIONS ON THE "DILUTION" OF SHARES

... his profits from subsurface use and reduce the debtor's property sphere), the creditor asked to invalidate the transaction. The court of first instance granted the application, the higher courts canceled the ruling, refusing to satisfy the claim. The Supreme Court of the Russian Federation, referring the case to the board, noted that the value of participation in capital can be expressed not only in purely property opportunities, but also in the realization of corporate rights, which the debtor refused ...

THE SUPREME COURT EXTENDS GUARANTEES OF THE RIGHTS OF SUBSIDIARY DEFENDANTS

... bringing the former director to subsidiary responsibility is being considered, therefore, the decision in the case of challenging the tax inspection act will affect the applicant's rights. The courts of three instances refused to satisfy the petition. The Supreme Court of the Russian Federation referred the dispute for a new consideration, noting that if the issue of the legality of the inspection's decision is resolved outside the framework of the bankruptcy case, the controlling person against whom a ...

THE SUPREME COURT REFUSED TO CHALLENGE THE TRANSACTION FOR THE ISSUANCE OF A PAID LOAN

... courts of two instances refused to satisfy the application, noting that the payments do not contain signs of invalid transactions. The cassation satisfied the manager's claim, considering that the disputed payments violated the rights of creditors. The Supreme Court, while upholding the judicial acts of the first and appellate instances, noted that the payments did not harm the bankruptcy estate, since the funds issued by the debtor as borrowed were returned by the defendant, which follows from the ...

THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION

... to file for bankruptcy of the company. Following the results of the new review, the courts granted the application, pointing out that the defendant had not fulfilled the obligation to file the debtor's bankruptcy application in a timely manner. The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim on the basis of the following: The obligations under which the defendant was held accountable by the courts arose before the date of his appointment to the position ...

THE SUBSIDY FOR THE EX-TOPS OF THE "INVESTMENT BANK" WAS UPHELD BY THE SUPREME COURT

The former heads of the "Investment Bank" must pay about 50 billion rubles as subsidiary liability. Ten persons tried to appeal the earlier decision on this to the Supreme Court of the Russian Federation. However, Judge Ivan Razumov did not transfer their cassation complaints for consideration by the Economic Board. The corresponding Ruling (No. 305-ES14-7445) was issued on December 30. As part of the bankruptcy ...

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