RusBankrot
We know everything about bankruptcy
08/09/2024
Sunday
THIS DAY IN HISTORY:
8 September 
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
8 September
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
INFORMATION ON THE SALARY OF THE DEBTOR'S EMPLOYEES SHOULD BE CHECKED
The manager applied to the court to exclude the claims of the debtor's former employees from the register (case no. A61-6055/19).
Satisfying the application, the courts of two instances referred to the representation of the prosecutor's office, according to which, during the audit, it was found that there were no documents confirming the debtor's salary arrears.
Referring the dispute for a new consideration, the court of cassation noted that the courts had not investigated the circumstances and evidence that served as the basis for the bankruptcy trustee to include wage arrears to the debtor's employees in the second place of the register.
The courts also did not assess the documents submitted to the case file confirming the existence of wage requirements for employees.
Having information from the 1C accounting program on the debtor's salary and evidence of the initiation of enforcement proceedings against the debtor for the collection of salary debt against one of the former employees, the courts, having satisfied the requirements of the bankruptcy trustee in full, did not clarify the circumstances related to the composition and size of the claims for severance payments and remuneration, separately for each of the employees of the institution whose requirements are included in the register.
In this case, the courts, in order to correctly resolve the disagreements that arose, should have brought up for discussion the persons involved in the dispute, the question of the need to submit to the case file judicial acts on the recovery of wage arrears from the debtor, information about the employees of the institution (separately for each of them), on the performance (non-performance) of their official duties, on the staffing table, on the debtor's contributions to the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation during the disputed period, on the need to submit copies of workbooks and other evidence confirming the presence (absence) of wage arrears from the debtor.
Satisfying the application, the courts of two instances referred to the representation of the prosecutor's office, according to which, during the audit, it was found that there were no documents confirming the debtor's salary arrears.
Referring the dispute for a new consideration, the court of cassation noted that the courts had not investigated the circumstances and evidence that served as the basis for the bankruptcy trustee to include wage arrears to the debtor's employees in the second place of the register.
The courts also did not assess the documents submitted to the case file confirming the existence of wage requirements for employees.
Having information from the 1C accounting program on the debtor's salary and evidence of the initiation of enforcement proceedings against the debtor for the collection of salary debt against one of the former employees, the courts, having satisfied the requirements of the bankruptcy trustee in full, did not clarify the circumstances related to the composition and size of the claims for severance payments and remuneration, separately for each of the employees of the institution whose requirements are included in the register.
In this case, the courts, in order to correctly resolve the disagreements that arose, should have brought up for discussion the persons involved in the dispute, the question of the need to submit to the case file judicial acts on the recovery of wage arrears from the debtor, information about the employees of the institution (separately for each of them), on the performance (non-performance) of their official duties, on the staffing table, on the debtor's contributions to the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation during the disputed period, on the need to submit copies of workbooks and other evidence confirming the presence (absence) of wage arrears from the debtor.
22.07.2024
