RusBankrot
We know everything about bankruptcy
18/12/2024
Wednesday
THIS DAY IN HISTORY:
18 December 
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
18 December
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
PECULIARITIES OF CHANGING THE ORDER OF SATISFACTION OF EMPLOYEES' REQUIREMENTS
The manager applied to the court for a change in the order of payment of current payments in respect of the debtor's employees (case no. A41-108811/17).
Partially satisfying the application, the courts of two instances proceeded from the possibility of deviation from the order of repayment of current obligations established by law only in the presence of extraordinary circumstances. Having established the existence of such circumstances in relation to one employee who ensures the safety of the debtor's property at his location and who performed the functions of the head of the department for administrative and economic activities of the debtor, the courts satisfied the requirements of the manager in terms of changing the order of payment of wages to the employee in priority with respect to the claims of other creditors of the second stage of the debtor's current obligations.
The cassation sent the dispute for a new consideration, pointing out that the courts did not assess the reasons given by the bankruptcy trustee for the need to prioritize the repayment of current wage arrears over other current requirements of the second stage, establishing that the receipt of the necessary funds is currently due to the implementation of bankruptcy proceedings, taking into account that the implementation of such measures requires For some time, the possibility of satisfying the current claims of the second stage from the bankruptcy estate is postponed indefinitely, due to both objective and subjective factors, while taking into account that the subsequent sale of the debtor's property in the future will ensure the satisfaction of the relevant claims for insurance premiums in full.
The cassation sent the dispute for a new consideration, pointing out that the courts did not assess the reasons given by the bankruptcy trustee for the need to prioritize the repayment of current wage arrears over other current requirements of the second stage, establishing that the receipt of the necessary funds is currently due to the implementation of bankruptcy proceedings, taking into account that the implementation of such measures requires For some time, the possibility of satisfying the current claims of the second stage from the bankruptcy estate is postponed indefinitely, due to both objective and subjective factors, while taking into account that the subsequent sale of the debtor's property in the future will ensure the satisfaction of the relevant claims for insurance premiums in full.
Partially satisfying the application, the courts of two instances proceeded from the possibility of deviation from the order of repayment of current obligations established by law only in the presence of extraordinary circumstances. Having established the existence of such circumstances in relation to one employee who ensures the safety of the debtor's property at his location and who performed the functions of the head of the department for administrative and economic activities of the debtor, the courts satisfied the requirements of the manager in terms of changing the order of payment of wages to the employee in priority with respect to the claims of other creditors of the second stage of the debtor's current obligations.
The cassation sent the dispute for a new consideration, pointing out that the courts did not assess the reasons given by the bankruptcy trustee for the need to prioritize the repayment of current wage arrears over other current requirements of the second stage, establishing that the receipt of the necessary funds is currently due to the implementation of bankruptcy proceedings, taking into account that the implementation of such measures requires For some time, the possibility of satisfying the current claims of the second stage from the bankruptcy estate is postponed indefinitely, due to both objective and subjective factors, while taking into account that the subsequent sale of the debtor's property in the future will ensure the satisfaction of the relevant claims for insurance premiums in full.
The cassation sent the dispute for a new consideration, pointing out that the courts did not assess the reasons given by the bankruptcy trustee for the need to prioritize the repayment of current wage arrears over other current requirements of the second stage, establishing that the receipt of the necessary funds is currently due to the implementation of bankruptcy proceedings, taking into account that the implementation of such measures requires For some time, the possibility of satisfying the current claims of the second stage from the bankruptcy estate is postponed indefinitely, due to both objective and subjective factors, while taking into account that the subsequent sale of the debtor's property in the future will ensure the satisfaction of the relevant claims for insurance premiums in full.
03.12.2024
