We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
THE SUPREME COURT ASSESSED THE RESTORATION OF THE DEADLINE FOR FILING A BANKRUPTCY COMPLAINT
The Court of Cassation considered the petition of the former director of the debtor and granted it. And two months later, he sent the case for a new hearing to the court of first instance. The cassation explained: the former director has the right to restore the term, since he was brought to subsidiary responsibility and this dispute is directly related to its size. Since the appeal in his direction was sent only three years later, he had no grounds for contesting earlier, and the deadline was missed through no fault of his.
In the cassation complaint, the applicant (a creditor admitted to the register) indicated that two organizations with which he signed a settlement agreement three years ago have close ties with the debtor: their only participant is the brother of the former director. In this regard, the applicant has every reason to believe that the debtor and creditors who opposed the inclusion of the claim in the register have common interests and act in concert. This means that the director had the opportunity to file a complaint against the court's decision on time through affiliated creditors. The applicant also noted that two years earlier another person controlling the debtor had filed a petition for the restoration of the term in similar circumstances and was refused.
The Supreme Court evaluated the arguments presented and sided with the creditor. The circumstances indicated in the complaint were not properly assessed and it is impossible to consider restoring the term without studying them. The decision was canceled, the case was sent for a new hearing to the court of cassation instance.
