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... property losses may be recovered from the perpetrators. Thus, experts note, as soon as a secured creditor gets the opportunity to use its status for economic benefit, it begins to be charged the appropriate taxes. As Kommersant notes, in practice, courts often prioritize the payment of taxes for the entire bankruptcy period. In this case, the pledge loses its economic meaning, which is unfair for the participants in the relationship. The Supreme Court of the Russian Federation noted that judges should not impose the burden of tax payments ...
Modified: 06.19.2024... burden on the debtor's spouse in the context of the constitutionally established obligation of each taxpayer to personally pay taxes established by law is unjustified. The cassation sent the dispute for a new appeal, concluding that part of the funds were ... ... and cafes, part of the funds was withdrawn from ATMs immediately after receipt. Transfers were also made to third parties. The courts also did not evaluate the manager's argument that the debtor did not provide any explanations regarding the fate of credit ...
Modified: 07.15.2024As part of the bankruptcy case (No. A76-32625/22), the tax service applied for inclusion of the claim in the debtor's register. The courts of two instances satisfied the application, partially including the requirement in the second stage of the register, partially in the third stage. The courts were guided by the fact that claims regarding the amount of arrears in personal income ...
Modified: 12.07.2023... connection with the latter's violation of the order of repayment of current claims. The manager paid off the operational requirements that arose in connection with the maintenance of cattle (turn 5), priority over mandatory payments of the second stage. The courts of two instances rejected the applicant's arguments, guided by the fact that there was a herd of cattle in the debtor's bankruptcy estate, as well as structures and equipment (non-capital buildings not intended for year-round herd maintenance) ...
Modified: 11.24.2023The First Cassation Court of General Jurisdiction, in the framework of a review of judicial practice (case 88a-3378/2023), explained that in the case of the sale of the debtor's real estate at bankruptcy auctions, he does not have the opportunity to re-register the property ...
Modified: 09.29.2023In the framework of the bankruptcy case (no. A63-14787/18), the debtor's creditor (tax) applied to the court to challenge the debtor's transactions, indicating that they were committed in the presence of the debtor's insolvency - between affiliated persons and with the intention to harm creditors. The courts of the first and appellate instance recognized ...
Modified: 08.08.2023... authority (MI FTS No. 32) of the Chelyabinsk region initiated the bankruptcy process of the Yuzhuralspetsstroy construction company. The claim for declaring the organization insolvent was submitted to the regional arbitration. This is reported in the court file (case no. A76-39749/2024). The court issued a ruling on the acceptance of the application of the tax authorities for consideration on November 22. The company's debt obligations to fiscal officials exceed 6 million rubles. The debt in the ...
Modified: 12.06.2024The manager appealed to the court with an application for the recovery of the debtor's documents from the defendants (case No. A40-249177/21). Partially satisfying the application, the courts of two instances proceeded from the fact that the defendants had not fulfilled the obligation ...
Modified: 11.01.2024The manager applied to the court for the resolution of disagreements regarding the order of repayment of tax after the sale of collateral (case no. A41-55921/19). Resolving disagreements in favor of the manager, the courts of two instances were guided by the fact that the tax ...
Modified: 09.27.2024At the end of August 2024, the Tatarstan Department of the Federal Tax Service appealed to arbitration with a claim for the insolvency of Orgneftekhim It (case No. A65-27408/2024). The fiscal authority demanded that the organization pay 19,836,888.78 rubles of debt. The beneficiary of the company is Alexander Babynin. He owns a 51% stake personally, and the remaining 49% through several legal entities of the Orgneftekhim Holding (ONX). In early 2021, Babynin resigned from the position of head of...
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