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THE SUPREME COURT WILL LOOK INTO THE POSSIBILITY OF INDEXATION IN BANKRUPTCY

... claim was satisfied by the courts, but a bankruptcy case was initiated against the defendant. The plaintiff appealed to the court with an application for indexation of the awarded amounts, which was satisfied by the courts of three instances. The Supreme Court of the Russian Federation referred the company's complaint to the judicial board, reflecting in the definition the arguments of the cassator that since the introduction of bankruptcy proceedings against the debtor, indexing is not applied....

THE SUPREME COURT WILL REMIND ABOUT THE POSSIBILITY OF CHALLENGING THE REJECTION OF THE CLAIM AS A MAJOR TRANSACTION

... at a reduced price and in the absence of approval of the company's shareholders. The higher courts accepted the plaintiffs' refusal from the claim and terminated the proceedings in the case. The person who was not involved in the case appealed to the Supreme Court of the Russian Federation with a complaint, in which he noted the abuse by the plaintiff of his right to the fact that when rejecting the claim, the courts did not take into account the explanations according to which the rules on the procedure ...

THE SUPREME COURT RESOLVED THE DISPUTE ON THE RETURN OF A PREFERENTIAL LOAN DURING THE REORGANIZATION OF A LEGAL ENTITY

... contract and appealed to the court. However, three instances refused to satisfy his claims, citing a violation by the plaintiff of the rules of Resolution No. 696 (case No. A19-8008/2021). Then the borrower decided to defend his rights and interests in the Supreme Court. In the complaint, the plaintiff pointed out that in Dimark Trauma Center, with which the borrower merged, there was only one employee in the person of the director. He was the head of the plaintiff. In this regard, the number of employees ...

THE SUPREME COURT WILL DETERMINE WHO CAN "SCULPT AND COOK"

The company appealed to the court with a demand to prohibit the company from using verbal elements that are similar to the applicant's trademarks. Three instances partially satisfied the plaintiff's claims, but the Supreme Court became interested in the dispute (Ruling on the transfer of No.301-ES23-12433 dated 06.10.2023 in case No. A43-26747/2021). The essence of the dispute LLC "Investment Company "Young and Beautiful" filed a claim against LLC ...

THE SUPREME COURT WILL SORT OUT THE UNDERESTIMATION OF THE VALUE OF THE SUBJECT OF THE AUCTION

... for which the property is offered for further sale. The courts also pointed out that the price at which the property was actually alienated was about 80% of the initial sale price determined by the appraiser, recognizing such a sale as successful. The Supreme Court of the Russian Federation referred the applicants' complaints to the judicial board and reflected the arguments of the cassators that in the case in question there were actions that distort the very essence of the auction, as a result of ...

THE SUPREME COURT RESTRICTED THE SOLE CREDITOR IN THE RIGHT TO DOUBLE RECOVERY FROM THE BENEFICIARY

... applied for bringing the debtor's beneficiary to subsidiary liability. The courts of three instances satisfied the claim despite the fact that the defendant had already been held liable in the form of recovery of damages in favor of the creditor. The Supreme Court of the Russian Federation did not share this approach, noting that the recovery of additional compensation from the defendant on the second claim (in the form of bringing to subsidiary liability or as compensation for other corporate losses) ...

THE SUPREME COURT REJECTED A $10 MILLION LAWSUIT AGAINST THE BANKRUPTCY TRUSTEE

... compensate for these losses, on the basis of a liability insurance contract. The courts of three instances satisfied the claim, pointing out that the manager's guilt in causing losses was established by a judicial act that entered into force. The Supreme Court of the Russian Federation, refusing to satisfy the claim, noted that the above–mentioned judicial act did not establish the form of the manager's guilt, and the plaintiff did not prove it. In this case, the courts concluded that there were ...

SUPREME COURT: IT IS NECESSARY TO EVALUATE THE ONLY HOUSING FOR MEETING REASONABLE NEEDS

... apartment, while the cost of the house and the plot will cover her debt. The court also noted the defendant's behavior "aimed at evading the obligation" as a factor in resolving the case. The court of cassation agreed with these conclusions. The Supreme Court of the Russian Federation pointed out a number of errors in the acts of lower courts. Thus, local regulations on the provision of housing within the framework of social hiring cannot be used to determine the limits of executive immunity ...

THE SUPREME COURT INTENDS TO PROTECT DOMESTIC STRATEGIC ELECTRONICS

... resistors based on the documentation. The courts of two instances rejected the appellant's arguments, referring to the fact that the complaint was received by the court after the registration authority made a record of the debtor's liquidation. The Supreme Court of the Russian Federation referred the complaint to the judicial board, reflecting in the ruling the arguments of the cassator that, as a result of the termination of proceedings on his appeal, the question of the fate of strategically important ...

THE SUPREME COURT ALLOWED TO INCLUDE IN THE REGISTER OF THE DEVELOPER LOSSES IN THE FORM OF INCREASED COST OF THE APARTMENT

... instances refused to satisfy the claim, justifying their decision by the fact that the creditor (company), due to amendments to the Bankruptcy Law, cannot be considered a participant in construction in relation to the bankruptcy of the developer. The Supreme Court of the Russian Federation did not agree with this approach and noted that the circumstances of the developer's failure to fulfill its obligations to the company under the agreement on participation in shared construction arose before the ...

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