Search

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

As part of the bankruptcy case of LLC "VLPC" (No. A56-45590/15), the Federal Tax Service ... ... well as the bankruptcy trustee of the debtor, the Federal Tax Service appealed to the court with an application for recovery of damages, following the consideration of which... ... agreeing with the judicial acts, the creditor filed a cassation complaint with the Supreme Court of the Russian Federation, which was submitted to the board for consideration...

BUDGET MONEY WILL BE DISTRIBUTED TO ALL CREDITORS OF THE BANKRUPT

... nature of funds received by contractors under municipal and state contracts, giving, in fact, these funds executive immunity. This approach was not shared, however, by the Supreme Court of the Russian Federation, which considered the complaint of the bankruptcy trustee and concluded that there were grounds for its satisfaction. The supreme court refuted the arguments of the lower courts about the absence of the rights of the general contractor in relation to the funds received from the customer for payment under the contract, since from the moment of crediting such payment, he has the right to dispose of them (subject to the performance ...

CREDITORS WILL BE ABLE TO DECIDE THE FATE OF THE PARTIALLY PAID FOR BANKRUPT GOODS

... claim at the expense of the value of the collateral. The second scenario, in turn, involves the transfer of property to the bankruptcy estate with the establishment of collateral status and subsequent preferential satisfaction of the creditor's claim based on the results of the sale of property at auction. Thus, the Supreme Court of the Russian Federation canceled the judicial acts of the lower courts and sent the case for a new hearing to the first instance.

Sorted by relevance | Sort by date