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Supreme Court of Russia pointed to the dual responsibility of a person controlling debtor as a surety

... bringing a person controlling debtor to subsidiary liability, and the court of first instance supported the applicant. However, the judges of the appeal and district courts indicated that the person in question already had liability arising from the surety agreement. Then the dispute was sent for consideration of the Supreme Court of Russia. The Economic Board agreed with the court of first instance, noting that the guarantor's responsibility arose from civil law relations, and the responsibility ...

THE SUPREME COURT WILL EXPLAIN THE CASES WHEN LIQUIDATION DOES NOT TERMINATE THE GUARANTEE

The Supreme Court is considering a draft resolution of the Plenum on the specifics of the application of the rules on surety in bankruptcy cases. At the Plenary session on June 27, some provisions of the future document were discussed. Thus, according to the text of the draft, the guarantee does not terminate in connection with the liquidation of the debtor-legal ...

Supreme Court of Russia indicated what the courts should take into account when including debts in the register of creditors’ claims

... him included in the register of creditors’ claims, despite the applicant's objections. However, the Supreme Court of the Russian Federation made a decision to reconsider the case, having found a significant error. The disputed debt was based on a suretyship agreement, under which the bankrupt company vouched for a third party, guaranteeing the performance of the agreement of sale and purchase. The agreement was not fulfilled, the debt arose, the court satisfied the demand to recover it from the ...

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