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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 REJECTED A $10 MILLION LAWSUIT AGAINST THE BANKRUPTCY TRUSTEE

... claim for recovery of funds from the manager by way of recourse, referring to the fact that in the framework of the debtor's bankruptcy case, losses were recovered from the manager for violating the procedure for settlements on utility bills, and 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 SUPREME COURT ASSESSED THE DISCOUNT IN THE SETTLEMENT AGREEMENT, TAKING INTO ACCOUNT THE BANKRUPTCY OF ONE OF THE PARTIES

... such an agreement on the debtor's solvency and its assessment for the presence of harm to creditors, since in the framework of a new dispute review, the conclusion of the same settlement agreement will be a priori impossible due to the initiation of bankruptcy proceedings against one of the parties. Thus, the Supreme Court once again stressed that disputes on the recovery of damages, in comparison with other types of litigation, have the least predictable prospects, which is why only a discount at the conclusion of a settlement agreement cannot indicate an ...

SUPREME COURT INTERESTED IN FAKE LOAN IN BANKRUPTCY CASE

On May 25, 2023, the Economic Board of the Supreme Court of the Russian Federation will consider the complaint of the bankruptcy trustee in the bankruptcy case of the management company "Dom-Master" (No. A40-274335/2019). It refers to a loan agreement that was concluded by the head of the organization, Vladimir Fokin, in order to close the criminal case brought ...

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

... sale and actual receipt of revenue. The Supreme Court of the Russian Federation drew attention to the fact that as a result, no court had determined the real market value of the shares, and therefore it was not worth it for the courts to terminate the bankruptcy proceedings. As a result, the acts passed by the lower courts were canceled by the Board of the Supreme Court of the Russian Federation, and the lawsuit was sent for a new consideration. Photo: yandex.ru/maps

THE SUPREME COURT HAS ESTABLISHED WHO PROVES THE GRATUITOUSNESS OF PAYMENT IN BANKRUPTCY CASES

... did not submit this contract. The courts did not satisfy the claim, referring to the fact that the absence of documents from the bankruptcy trustee confirming the grounds for making the disputed payments does not confirm their invalidity. Then the new bankruptcy trustee of the company, Alexandra Danilova, and one of the debtor's creditors wrote a complaint to the Supreme Court. In their opinion, the amount was transferred free of charge in the absence of a counter provision for Pirita, and the Trading House World-Trade company did not refute these arguments. The authorities checked the arguments of the complaint,...

THE SUPREME COURT EXPRESSED ITS POSITION ON THE RELEASE OF CITIZENS FROM DEBTS FOLLOWING THE RESULTS OF BANKRUPTCY

... presented the following legal position. The Supreme Court took into account the conclusions of the financial manager, fixed by him in the analysis of the debtor's financial condition, to the extent that there were no signs of intentional or fictitious bankruptcy in the case. In addition, the Supreme Court of the Russian Federation rejected the conclusions of lower instances regarding the unfair increase in accounts payable. According to the court, the citizen assumed excessive credit obligations due to a biased assessment of his own solvency,...

THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

If the bankrupt company does not have the funds to finance the procedure, then the founders are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos". So, its founder was obliged to pay for the bankruptcy procedure of the company. The company filed for its own bankruptcy in November 2018. The Arbitration Court of the Arkhangelsk Region initiated a case and in December introduced a monitoring procedure. But the debtor did not have the funds to ...

THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER A DISPUTE ON THE RECOVERY OF LOSSES CAUSED DURING A CONTROLLED BANKRUPTCY

... rules of the bankruptcy law, the satisfaction of the claimed claim is possible on the basis of the general norms of the Civil Code of the Russian Federation on damage and recovery of losses. Thus, already in the transfer definition, the approach of the Supreme Court of the Russian Federation is visible, which makes it possible to equate with the heads of persons who formally do not manage the debtor's activities, but whose actions within the framework of controlled bankruptcy cause losses both to the debtor himself and his creditors.

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 ...

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