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

The manager appealed against 11 transfers of the insolvent company, however, lost the case. So, he failed to document that the debtor received nothing in return. The Supreme Court of Russia sent the case for review, it follows from the file of arbitration cases. The court came to this decision in the bankruptcy case of the organization "Pirita" with the manager Sergey Spiryakin. The debtor made 11 transfers to the Trading House World-Trade organization, Spiryakin asked to recognize them as invalid. We are talking about transactions totaling ...

CHALLENGING TRANSACTIONS ON CORPORATE GROUNDS IN THE FRAMEWORK OF A BANKRUPTCY CASE

Challenging transactions in bankruptcy cases is possible not only on the grounds provided for in Chapter III.1. Federal Law No. 127-FZ dated 26.10.2002 "On ... ... Arbitration Court of the Central District of 26.04.2021 No. F10-394/2021 in case No. A83-17343/2019, confirmed by the ruling of the Supreme Court of the Russian Federation dated 25.08.2021 No. 310-ES21-13955 in case No. A83-17343/2019). In another case, the ...

SUPREME COURT: PENALTIES IN THE FRAMEWORK OF ENFORCEMENT PROCEEDINGS ARE NOT PREFERENTIAL TRANSACTIONS

This conclusion was reached by the Supreme Court of the Russian Federation following the consideration of the cassation appeal in the bankruptcy case No. A41-87429/19. In this case, the courts found that the debt owed to one of the creditors was confirmed by a judicial act that entered into force, on the basis of which enforcement proceedings were initiated. on the basis of which ...

SUPREME COURT : TIME-OUT IN ENFORCEMENT PROCEEDINGS DOES NOT EXCLUDE RESTRICTIONS ON THE DEBTOR'S DEPARTURE FROM THE COUNTRY

The Supreme Court of Russia recalled that the suspension of enforcement proceedings in itself does not exclude the restriction of the debtor to leave the country and does not apply to enforcement measures. The corresponding conclusion is contained in the ...

SUPREME COURT: REPAYMENT OF A BANKRUPT'S OBLIGATIONS BY A THIRD PARTY SHOULD NOT VIOLATE THE RIGHTS OF CREDITORS

A complaint on the following dispute was submitted to the Judicial Board for Economic Disputes of the Supreme Court in the framework of the bankruptcy case (No. A40-81667/19). In the bankruptcy procedure of the liquidated debtor, a third party's application for repayment of the debtor's obligations was under consideration by the courts. At the same time, the register included the claims of ...

THE SUPREME COURT TOOK THE SIDE OF THE FU IN THE CASE OF GRANTING A WRIT OF EXECUTION

The financial manager asked the court to issue him a writ of execution in the framework of the debtor's bankruptcy case. We are talking about a document through which the transaction of the non-residential premises donation agreement ... ... of a writ of execution in this case is not necessary, it is enough to submit a definition to the registering authority. The Supreme Court also noted that in this proceeding, the courts created a situation in which the only recoverer of the writ of execution ...

COURT: IN A HIT-AND-RUN ACCIDENT, THE DRIVER IS FINANCIALLY RESPONSIBLE

... pedestrian, as a result of which the latter died from injuries. The claim was partially satisfied by the courts of the first and cassation instances with reference to the fact that the harm was committed while managing a source of increased danger. The Supreme Court of the Russian Federation did not agree with this approach and upheld the appellate ruling, which reduced the amount of compensation due to the pedestrian's own fault as a result of traffic violations (traffic outside the pedestrian crossing ...

VS WILL UNDERSTAND THE "CRYSTALLIZATION" OF THE PLEDGE OF GOODS IN CIRCULATION

In the framework of the bankruptcy case (No. A40-192673/17), a creditor applied to the court with an application for the resolution of disagreements regarding ... ... collateral items, the parties actually "crystallized" the pledge of goods in circulation. In the appeal filed with the Supreme Court of the Russian Federation, the creditor refers to the fact that, contrary to the conclusions of the courts, the ...

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