The shareholders of the corporation filed a lawsuit (case No. A40-121758/21) seeking recovery of damages from the former director. The defendant held the position of general director of the corporation. Audit of the defendant’s performance revealed facts of arbitrary issuance of orders for bonus payments, which led to receipt of remuneration in the amount exceeding […]
The essence of the claim: to invalidate the paragraph of the supply contract and the paragraph of the commercial agreement, the application of the consequences of invalidity of transactions. Court’s decision: denied. Rationale of the Court: the condition on the penalty set forth in the contested clauses of the contract and the agreement was determined […]
The bankruptcy trustee of CJSC United Construction Group filed a lawsuit seeking to bring V.E. Zaitsev (general director before the bankruptcy case was initiated) and CJSC StroyPutInvest (the only shareholder of the debtor) to subsidiary liability. The claims were dismissed by two courts. Position of the cassation: – Refusing to satisfy the application of the […]
According to the plaintiff, in the situation of joint infliction of harm by the bankruptcy trustee and individual creditors, the entire group of harm causers is jointly and severally liable. OOO Vyborgskaya Lesopromyshlennaya Korporatsiya (VLPK) was declared bankrupt. However, this did not prevent the company from continuing its operations with the approval of the creditors’ […]
Arbitration court of the Far Eastern district has published the review of practice № 1-2022. The selection contains positions elaborated by the Judicial Board for consideration of disputes from civil and other legal relations, and the Judicial Board for consideration of disputes from administrative and other public legal relations. The second block contains a position […]
A bankruptcy creditor of OOO OTiS filed a complaint with the court against the actions of the bankruptcy trustee. The plaintiff also demanded that he be removed from his duties. Among other things, the plaintiff asserted that the bankruptcy trustee had failed to dispute a number of the debtor’s transactions. The two courts upheld the […]