The Economic Collegium resolved a disagreement between a receiver and a creditor. The latter believed that after choosing the right of claim against a subsidiary defendant, it could claim the money which had entered the bankruptcy estate. The bankruptcy trustee of Ufaspetsstroy applied to the court to resolve the disagreement that arose between him and […]
Within the framework of the bankruptcy case of LLC “Kameya” IP Grishin A.A. applied to the court with a statement to bring Bulatov I.R. to subsidiary liability for the debtor’s obligations in the amount of 5,720,047.64 rubles. The courts of two instances refused to satisfy the application. The position of the district court: 📌 the […]
In a bankruptcy case (No. A73-14984/20), the bankruptcy trustee and the tax authorities filed claims with the court to recover from the debtor’s former director losses incurred as a result of the bankrupt’s withdrawal of funds to “one-day firms”. The courts of the first and appellate instances partially agreed with the arguments of the applications, […]
In a debtor’s bankruptcy case (No. A56-100336/21), the trustee filed a petition to hold a former director vicariously liable, citing a number of circumstances in support of the claim. The defendant’s predecessor as director concluded an equipment supply contract. As part of the fulfillment of its obligations under this contract, the company transferred funds in […]
Determination of 22.08.2023 in case A32-16489/2018 (308-ES23-7985) Case background: The Company applied to the court for procedural succession of the creditor-applicant in the Debtor’s bankruptcy case. Positions of the courts: The courts of three instances granted the application. The court of first instance proceeded from the validity of the assignment agreement, the succession in the […]
The Federal Tax Service sent an application to court to challenge the inaction of an administrative agency. However, the courts of two instances dismissed the claims. The courts leveled the unlawfulness of inaction of the administrator within the framework of the bankruptcy process, since each of the episodes attributed to the violator did not independently […]