THE PRESIDIUM OF THE ARBITRATION COURT OF THE MOSCOW DISTRICT ANSWERSED QUESTIONS ABOUT BANKRUPTCY

The Presidium of the Arbitration Court of the Moscow District approved the recommendations of the Scientific Advisory Council (SAC). Among other things, the document is related to bankruptcy disputes - the organization provided recommendations on their resolution.

In particular, the SAC touched upon the issue of the need for the authorized body or official to issue an act to remove the arrest from the debtor's property. This applies to a situation when the seizure took place within the framework of a criminal case, and the debtor himself is at the stage of bankruptcy proceedings.

The Council ruled that in this situation, the removal of the arrest is possible only by the person, in whose proceedings the criminal case is.

He or she will have to establish and assess the facts of the case and the possibility of the security withdrawal.

Moreover, in the event of refusal of such measures, the person concerned is not deprived of the right to challenge the result.

In addition, the document touched upon the issue of the participation of persons controlling the debtor in separate disputes. The question of when such a right arises has been considered as well.

In response, the SAC ruled that such persons have the right to participate in separate disputes from the moment the debtor's bankruptcy case is initiated.

However, this is possible in case these persons have declared their intention to defend their own interests in a specific separate dispute (protocol resolution No. 2 of the Presidium of the Arbitration Court of the Moscow District of February 12, 2021).