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Positions of the Supreme Court on Economic Disputes (Comments to review no. 2 for 2020)

Positions of the Supreme Court on Economic Disputes (Comments to review no. 2 for 2020)

Lawyer, partner of Tenzor Consulting Group Anton Makeychuk commented on the VS position for Advokatskaya Gazeta. In his opinion, in this dispute the Supreme Court has developed a new prioritization mechanism to ensure the interests of all creditors in the bankruptcy case. This approach can be reflected in the Bankruptcy Law, the lawyer said.

The position of the Economic Board of the Armed Forces on lease disputes is also interesting and significant for practice: according to the explanation, if the tenant has ceased to use the property, then the absence of an act of acceptance and transfer is not a basis for renewing the lease agreement for an indefinite period.

The article of the Advokatskaya gazeta is fully available <a href=”https://www.advgazeta.ru/novosti/eksperty-ag-prokommentirovali-pozitsii-vs-po-ekonomicheskim-sporam-iz-obzora-2-za-2020-god/“>here.</a>

Other Publications

Tenzor Consulting Group lawyers successfully defended the principal in the court of cassation

The Supreme Court recalled the prejudice of decisions of courts of general jurisdiction in arbitration cases on bankruptcy of individuals

The Russian Arbitration Court for the first time introduced bankruptcy proceedings against a foreign company

The Supreme Court did not allow to deprive the lawyer of the fee received from the bankrupt company

The Supreme Court outlined the limits of the bankruptcy manager’s liability under art. 14.13 administrative code

Supreme Court: bankruptcy arguments on enforcement of a court decision giving a creditor’s claims cannot be ignored

Supreme Court: claims of the creditor cannot be subordinated on the basis of the control over the debtor-individual

Supreme Court: contractual interest cannot be charged if the bankruptcy case is terminated due to debt repayment

Supreme Court: competition proceedings cannot be completed in the presence of an outstanding requirement by the tax body

The Supreme Court left in the competitive weight of SP real estate that the court obliged to return to the former owner

Statistics on the work of Arbitration Courts published: the number of citizens-bankrupts has been significantly increased

Debt arised from criminal punishment may be grounds for bankruptcy

The Supreme Court: subrogation and regress give different legal consequences

Can the spouse of a citizen-bankrupt early pay off the mortgage debt?

The Supreme Court assessed the practice of preventing bankruptcy

The Supreme Court once again pointed out that there is no need to prove that the guarantor has the status of the final beneficiary

An increase in the salary of a lawyer and the payment of bonuses to him on the eve of the bankruptcy of an enterprise may be justified

The Council of the Presidential Administration of Moscow clarified the procedure for the relationship between a lawyer and an arbitration manager of a debtor

The government drew attention to the bankruptcy of insurance companies

Supreme Court: the landlord has the right to early terminate the contract with the bankrupt tenant

Supreme Court: the bankrupt’s vat expenses relate to the costs of selling the collateral

The Supreme Court clarified the nuances of the creditor’s return of the payment received by the contested transaction to the bankruptcy estate

The Supreme Court clarified the nuances of bringing to subsidiary liability in a corporate conflict

Supreme Court: an indication of the lack of an assessment of evidence by the cassation is not a basis for an appeal against a judicial act

The Supreme Court clarified the procedure for considering disputes in the presence of two conflicting judicial acts

Managing partner of Tenzor Consulting Group Andrey Pushkin on the tax monitoring regime for Vedomosti

The Supreme Court of the due notification of the participants in the trial

In the second reading, amendments on out-of-court bankruptcy of citizens were adopted

The Supreme Court pointed to the possibility of challenging the resale of bankruptcy property as a single transaction

The Supreme Court had to recall that dividend arrears are classified as “non-registry” claims

Non-cash funds in the bankrupt bank account lose their purpose as a means of payment

SC: “majority” creditors are not entitled to make arbitrary decisions by concluding a settlement agreement with the debtor

The SC explained the nuances of satisfying bankruptcy claims of a creditor – pledge holder of a debtor’s bills

Good intentions: does Russia need a register of arbitration managers?

Emergency mode – legal basis, restrictions and form of protection of rights in case of emergency

Inheritance of business in Russia, including complicated by insolvency

The state duma adopted additional guarantees to protect the rights of businessmen from unjustified criminal prosecution

Quarantine for obligations

Bankruptcy law reform: amendments and prospects

Lawyer’s newspaper: the sale of the debtor’s heterogeneous property in one lot at public auction must be justified

Kommersant: special vehicle fell into garland debt

Kommersant: arbitration is connected to the substation

RBC: two bashkir agricultural enterprises face bankruptcy

Lawyer’s newspaper: the presidium of the supreme court summarized the practice of subordination of creditors claims

RBC: Sberbank filed two lawsuits against united meat group JSC

Fontanka: Sberbank secures the seizure of assets of Intertorg owners

Kommersant: the «procedural revolution» that lawyers have been talking about for so long has been accomplished

Reducing payment for work due to their shortcomings does not violate the rights of a bankrupt contractor

Citizens are offered to declare bankruptcy out of court

Reduced payment for contract work due to late delivery

Registration of pledge after the introduction of supervision with the pledgor

Former director is not obliged to transfer the competitive managing documents withdrawed during extraction