RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
IS IT POSSIBLE TO HOLD A CREDITORS' MEETING IN SPITE OF INTERIM MEASURES
In the framework of the bankruptcy case (No. A67-9495/22), creditors and the debtor appealed to the court to challenge the decision of the creditors' meeting and the actions of the interim manager.
The courts of two instances satisfied the requirements, justifying their decision by the fact that the interim manager held a meeting of creditors in spite of the ban imposed by the interim measures.
The cassation overturned the appeal decision, refusing to challenge the actions of the manager, pointing out that, since the first creditors' meeting should be held no later than ten days before the end date of the supervision, the interim manager should have held a creditors' meeting no later than 07/22/2023.
In this regard, the manager legitimately scheduled the first creditors' meeting for 07/21/2023, about which he posted a message to the Unified Federal Register of Bankruptcy Information on 07/06/2023.
At the same time, the Bankruptcy Law does not contain provisions obliging the interim manager to apply to the court to postpone the first creditors' meeting for the purpose of considering all creditors' claims.
In turn, the creditor did not apply to the court in advance with an application to postpone the first creditors' meeting, despite the fact that the message about the planned meeting was posted in the Unified Federal Register of Bankruptcy Information as early as 07/06/2023.
The courts of two instances satisfied the requirements, justifying their decision by the fact that the interim manager held a meeting of creditors in spite of the ban imposed by the interim measures.
The cassation overturned the appeal decision, refusing to challenge the actions of the manager, pointing out that, since the first creditors' meeting should be held no later than ten days before the end date of the supervision, the interim manager should have held a creditors' meeting no later than 07/22/2023.
In this regard, the manager legitimately scheduled the first creditors' meeting for 07/21/2023, about which he posted a message to the Unified Federal Register of Bankruptcy Information on 07/06/2023.
At the same time, the Bankruptcy Law does not contain provisions obliging the interim manager to apply to the court to postpone the first creditors' meeting for the purpose of considering all creditors' claims.
In turn, the creditor did not apply to the court in advance with an application to postpone the first creditors' meeting, despite the fact that the message about the planned meeting was posted in the Unified Federal Register of Bankruptcy Information as early as 07/06/2023.
11.06.2024
