THE COURT CALLED NOT TO DELAY WITH ENSURING MEASURES IN BANKRUPTCY

Within the framework of the insolvency case under the simplified procedure of the debtor in liquidation, the liquidator asked the court to prohibit the appointment of the first meeting of creditors. The reason was that at the time of filing the application, the number of requirements included in the register of the creditors’ claims was less than the number of those declared but not yet considered. Thus, the manager wanted to avoid the violation of the rights of the latter.

The court of first instance, the position of which was also supported by the court of the appeal, satisfied the application and prohibited the appointment of the first meeting of creditors.

However, one of the debtor's creditors disagreed and challenged the court ruling.

The clerk's arguments were that the ban on holding the first meeting of creditors violated the rights of the bankruptcy creditors themselves, and the applied security measure did not correspond to the goals and objectives of the bankruptcy proceedings.

When the case was reconsidered by the district court, the board considered that the lower instances paid insufficient attention to the rules of the law, which provide for the possibility of applying interim measures. According to the three judges, the current interim measure contradicts the meaning of interim measures and goes beyond the necessary protection of individual creditors.

The result of the consideration of the complaint was its satisfaction and the referral of the case for reconsideration to the court of the first instance (decision in case No. A56-370 / 2020 of February 15, 2021).