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.
IT IS NECESSARY TO DEMAND DOCUMENTS FROM THE PERSON WHO ACTUALLY HAS THEM
The manager appealed to the court with an application to demand documents from the defendants (case no. A74-2176/20).
The courts of two instances partially satisfied the application, pointing out that by a court ruling at the request of the manager, the obligation to transfer the debtor's documents was assigned by the court to the person who was the director of the debtor on the date of initiation of bankruptcy proceedings and on the date of commencement of bankruptcy proceedings, the courts identified him as the person at whose disposal the company's documents are.
The cassation sent the dispute for reconsideration and noted that the manager, among other things, declared the nominal nature of the director's powers as the head of the debtor, who actually did not perform the functions of managing the company's economic activities.
Also, during the consideration of a separate dispute, the manager consistently pointed out that the arguments given by the defendant about transferring the entire volume of the debtor's documentation (including cash documentation) to the director contradict the defendant's procedural behavior in a separate dispute on bringing to subsidiary liability, in which various contracts and advance reports were attached to the materials by this defendant over a long period of consideration and the exculpatory documents to them.
The courts of two instances partially satisfied the application, pointing out that by a court ruling at the request of the manager, the obligation to transfer the debtor's documents was assigned by the court to the person who was the director of the debtor on the date of initiation of bankruptcy proceedings and on the date of commencement of bankruptcy proceedings, the courts identified him as the person at whose disposal the company's documents are.
The cassation sent the dispute for reconsideration and noted that the manager, among other things, declared the nominal nature of the director's powers as the head of the debtor, who actually did not perform the functions of managing the company's economic activities.
Also, during the consideration of a separate dispute, the manager consistently pointed out that the arguments given by the defendant about transferring the entire volume of the debtor's documentation (including cash documentation) to the director contradict the defendant's procedural behavior in a separate dispute on bringing to subsidiary liability, in which various contracts and advance reports were attached to the materials by this defendant over a long period of consideration and the exculpatory documents to them.
01.08.2024
