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Judgment of the Presidium of the Supreme Commercial Court of 6 November 2012 № 9127/12 in the case Timofeev, the bankruptcy trustee of the company “Trading house Vega” vs M.Suturin, the acting director of the company “Trading house Vega”

Point of law: whether fault of general director of a company is a necessary precondition for holding him subsidiarily liable for the debts of the company, as envisaged by the Bankruptcy Law in case of his failure to convey the accounting documentation to the bankruptcy trustee?

Information Letter of the Presidium of the Supreme Commercial Court of 22 May 2012 № 150 “The Review of the Practice of Consideration by Commercial Courts of the Disputes Connected with the Dismissal of Bankruptcy Trustees”

In this Information Letter the Presidium gave to courts a number of recommendations. It appears that they mainly aim at curbing an unduly narrow and formal approach shown by courts when resolving disputes related to the dismissal of bankruptcy trustees.

Judgment of the Presidium of the Supreme Commercial Court of 28 February 2012 № 15935/11 in the case The bank “Zenit” vs Serghei Birkle, the bankruptcy trustee of the company “Tvins-Kaliningrad”

Point of law: if a bankruptcy creditor submits to the bankruptcy trustee of the debtor company the evidence that a debtor company transaction is suspect, whether the bankruptcy trustee must challenge such transaction in court?

 

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