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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 funds to an affiliated organization. The circumstances of the illegal transaction, established by the court of first instance,...

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 fact that the debtor was declared bankrupt under the simplified procedure of the absent debtor. At the same time, the court of first instance came to the correct ...

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

... result, the woman's behavior was recognized in good faith in two judicial instances. The district court, which received the complaint, decided the case differently. The cassation considered that the pensioner hid the property, evaded the payment of the debt and disposed of the money independently, without having the authority to do so during the bankruptcy proceedings. The woman had to complain to the Supreme Court. The economic board, having studied the woman's arguments, found them quite convincing. Volkonskaya told the court that she did not try to evade her obligations, and also did not live in a big way. She spent her savings on maintaining her ...

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

... The businessman's bankruptcy case started in 2021 (No. A41-32321/2021). Taking into account the death of Kolomnikov that had occurred earlier, the court introduced the implementation procedure in relation to his hereditary mass (Article 223.1). The Supreme Court drew the attention of the participants in the dispute that in such cases, bankruptcy should be carried out as if the businessman himself were still alive. That is, debts must be repaid through insolvency procedures. Bashmakov, having discovered the transfer of a large amount of money in favor of Kolomnikov, asked the arbitration to apply the consequences of the invalidity of the transaction. To the bankruptcy trustee,...

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 TRANSACTIONS ON THE "DILUTION" OF SHARES

... transaction caused harm to creditors (since the new participant was an affiliated person with respect to the debtor and his admission to the membership of the subsidiary was carried out in order to preserve 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 bank statement. Photo: Freepik

A CREDITOR WITHOUT A LICENSE CANNOT BANKRUPT A DEBTOR WITHOUT A JUDICIAL ACT

... institution, the court noted that the applicant had not submitted the corresponding license of the legal successor. The appeal sent the dispute for a new consideration, based on the fact that the creditor's legal successor is a microfinance organization. The Supreme Court of the Russian Federation referred the complaint of another debtor's creditor to the collegium, reflecting in the definition the applicant's arguments that the creditor's legal successor is not a credit institution and does not conduct banking activities, in connection with which the creditor did not have the ...

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

... instances refused to satisfy the claim, considering that the owner of the property of the autonomous institution is not liable for the obligations of the autonomous institution (with the exception of obligations related to causing harm to citizens). The Supreme Court of the Russian Federation did not agree with this approach and noted that the long-term non-fulfillment by the institution of its obligations (more than eight years) to the plaintiff to pay for the supplied thermal energy, the inability to collect debts due to the lack of property that can be foreclosed on, lead to a violation of the rights of the person obliged to supply the resource. As noted, the way to maintain a balance of the rights and legitimate interests of the parties to the energy supply ...

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