IT IS NOT NECESSARY TO SELL OFF ALL ASSETS OF THE DEBTOR

IT IS NOT NECESSARY TO SELL OFF ALL ASSETS OF THE DEBTOR

IT IS NOT NECESSARY TO SELL OFF ALL ASSETS OF THE DEBTOR
In the framework of the bankruptcy case of a citizen (No. A59-2647/20), the courts considered the issue of approving the regulation on the sale of the debtor's share in the company.

The courts of two instances approved the regulation prepared by the manager, guided by the fact that there were no objections to the provision proposed by the financial manager by the persons participating in the case, and it complies with the law.

The cassation sent the dispute for a new consideration, noting that when considering the dispute, the question of the expediency of choosing to sell this particular asset, if the debtor has other assets sufficient to satisfy creditors' claims, was not included in the subject of proof by the courts.

At the same time, it follows from the case materials that by the definition of 07/14/2023, the issue of approving the Regulation was scheduled for consideration on 08/11/2023 and considered on the same day. The court's ruling on the appointment of a court session on this issue has not been received by the debtor, telephone communication with his representative did not take place directly at the time appointed by the court for consideration of a separate dispute. In the definition itself, the debtor's right to express his opinion on the composition of the property, through the sale of which creditors' claims can be satisfied, is not explained. There is also no evidence that the debtor was notified of the existence of such a right by the financial manager of his property.

19.01.2024