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

As part of the debtor's bankruptcy case, a settlement agreement was approved between the debtor and creditors. Based on the terms of the agreement, the ... ... 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 SUPREME COURT ASSESSED THE RESTORATION OF THE DEADLINE FOR FILING A BANKRUPTCY COMPLAINT

In the bankruptcy case, the issue of inclusion in the register of the claim was resolved. Two creditors were against it, but soon signed ... ... 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 ...

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

In the framework of the bankruptcy case (No. A40-168748/20), the courts considered an application to challenge the auction for the sale of non-residential ... ... 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 SUPREME COURT CLARIFIES THE RIGHTS OF CALCULATING THE DEADLINES FOR FILING A BANKRUPTCY APPLICATION

... led to a violation of the rights and legitimate interests of other creditors who filed applications for declaring the debtor bankrupt in compliance with the established procedure. It is noteworthy in this case that the lower courts described their position in great detail, according to which the company still complied with the procedure for applying to the court for bankruptcy. However, the Supreme Court did not provide an equally detailed calculation methodology in its definition.

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 ... ... challenging the transfer of funds that the organization transferred to an individual entrepreneur before he died and was declared bankrupt. The deal between Kraft Group and Alexey Kolomnikov was concluded in 2014. According to it, the powers of the sole ...

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

... prosecuted by that time (he was under arrest and was disqualified by the court), and the Stroy Group company itself went into bankruptcy. AHK's attempts to convince the bank did not lead to anything. Sberbank did not want to take into account the state ... ... 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 ...

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

... 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... ... remuneration were made without taking into account the fact that the debtor was declared bankrupt under the simplified procedure of the absent debtor. At the same time, the... ... obligation to pay the remuneration of the arbitration manager and the costs of the bankruptcy case is assigned to the applicant in the case, in this case - to the Federal...

THE SUPREME COURT FOUND PREMATURITY IN THE COMPLETION OF THE BANKRUPTCY OF ANGSTROM INVEST

On December 26, 2022, the Economic Board issued a ruling on case no. A40-81667/2019. The complaint was sent to the Supreme Court of the Russian Federation by Zenit Bank, which is one of the two creditors of Angstrom Invest. The credit institution ... ... indicated in the register. And although the arbitration initially rejected the firm's application, the appeal then satisfied it. The bankruptcy process was terminated in 2022, and the courts considered the creditors' claims satisfied, referring to the provisions ...

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

In the framework of the bankruptcy case (No. A32-26161/19), the court approved a settlement agreement between the debtor and his creditors. In accordance ... ... 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 ...

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

The bankrupt sold her company to her son at a cost 300 times lower than the real one. He invested the company's real estate in the ... ... 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 ...

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