Ruling of 04.08.2022 in case A40-289887/2019 (305-ES21-22392 (3) Case Background: Within the Debtor’s bankruptcy case, its bankruptcy trustee applied to the court to invalidate the transaction of the Debtor’s return of personal savings in the amount of 3 136 100 rubles on expense cash vouchers from 16.12.2019 to 20.01.2020, application of its invalidity consequences. Positions […]
Subject matter of the claim: a complaint was filed against the actions (inaction) of the bankruptcy trustee. The court ruling: to terminate the proceedings on the complaint. Rationale of the court: the completion of the procedure for selling the debtor’s property excludes the possibility of examining the merits of the complaint; the examination of a […]
Case Background: The Company (customer) and the Company (contractor) entered into a contract of work. The contract stipulated a penalty in the amount of 0.4 percent of the contract price for each day of delay. Due to the Contractor’s material breach of the final construction deadline, the Client sent the Contractor a notice to suspend […]
Subject of the case: The company was declared bankrupt. Bankruptcy trustee sued for expropriation of disputed debtor’s property from the company. Positions of the courts: The courts of three instances satisfied the claim. Courts took into account absence of documents confirming the right of ownership of the Defendants to this property. Having considered the application […]
Case Background: The bankruptcy trustee in the Debtor’s bankruptcy case applied for recovery of damages from the bankruptcy trustee, as the latter failed to contest the transactions, which resulted in the loss of replenishment of the bankruptcy estate. Positions of the courts: The courts of three instances satisfied the claim. Courts came to conclusion that […]
There is a common stereotype among ordinary people and even businessmen: if a director is nominal, he will not bear any responsibility. The courts have quite the opposite opinion. The Federal Law “On Insolvency (Bankruptcy)” (hereinafter – the Law on Bankruptcy) establishes special conditions, under which the subsidiary responsibility of the nominee can be reduced […]