RusBankrot
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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.
THE MANAGER OF TOMSTROY RETAINED A REWARD OF 21 MILLION
The judicial struggle of Ufa businessman Timerbulat Bagautdinov for the cancellation of the decision of the Moscow Regional Arbitration Court on the results of the remuneration of the bankruptcy trustee ended unsuccessfully. The total amount of 21.1 million rubles remained approved as payment for the sale of collateral. Attempts to challenge this decision were made at various judicial levels, including appeal and cassation, but the courts supported the earlier conclusions.
Tomstroy, one of the companies of the Rassvet Group, was engaged in housing construction under agreements with the Lyubertsy administration. Since 2017, the developer has been implementing a major project in the village of Zhilino-1 near Moscow. However, by 2021, the company faced financial difficulties that led to its bankruptcy. This event prompted the intensification of bankruptcy procedures, including the sale of assets to repay debts to creditors.
Ilya Anurov, appointed bankruptcy trustee, managed to sell collateral in the amount of 3 million rubles and transferred assets worth 275.6 million to collateral creditors. According to his calculations, a reward of 13.1 million was provided for this work. Additionally, he repaid debt obligations to construction participants, which increased his compensation by another 8 million. All these amounts were confirmed by a judicial act.
Timerbulat Bagautdinov, outraged by this decision, filed a complaint with the Court of Appeal. He argued that the court's conclusions were at odds with the actual circumstances. However, the court of appeal, and then the cassation, did not agree with his arguments. The judges pointed out that there was no evidence of the applicant's authority as a representative of the Tomstroy participants, which called into question the legality of his participation in the process. Moreover, by the time the case was considered, he himself was declared bankrupt, and his share in the company had already been sold.
Experts note that the prospects for a review of the case in the Supreme Court are extremely low. The main argument here is the established judicial practice, which does not allow individual participants to appeal decisions in a bankruptcy case if they do not participate in it officially. Some lawyers, however, admit the possibility of reconsidering the case if it is possible to confirm the applicant's credentials with previously unpublished evidence.
Despite this, the legal position of the courts seems to be stable. The practice in such cases is formed on the basis of formal criteria, which minimizes the likelihood of revision of earlier decisions. The judicial system, therefore, leaves little room for change in favor of the ex-co-owner of the company.
Tomstroy, one of the companies of the Rassvet Group, was engaged in housing construction under agreements with the Lyubertsy administration. Since 2017, the developer has been implementing a major project in the village of Zhilino-1 near Moscow. However, by 2021, the company faced financial difficulties that led to its bankruptcy. This event prompted the intensification of bankruptcy procedures, including the sale of assets to repay debts to creditors.
Ilya Anurov, appointed bankruptcy trustee, managed to sell collateral in the amount of 3 million rubles and transferred assets worth 275.6 million to collateral creditors. According to his calculations, a reward of 13.1 million was provided for this work. Additionally, he repaid debt obligations to construction participants, which increased his compensation by another 8 million. All these amounts were confirmed by a judicial act.
Timerbulat Bagautdinov, outraged by this decision, filed a complaint with the Court of Appeal. He argued that the court's conclusions were at odds with the actual circumstances. However, the court of appeal, and then the cassation, did not agree with his arguments. The judges pointed out that there was no evidence of the applicant's authority as a representative of the Tomstroy participants, which called into question the legality of his participation in the process. Moreover, by the time the case was considered, he himself was declared bankrupt, and his share in the company had already been sold.
Experts note that the prospects for a review of the case in the Supreme Court are extremely low. The main argument here is the established judicial practice, which does not allow individual participants to appeal decisions in a bankruptcy case if they do not participate in it officially. Some lawyers, however, admit the possibility of reconsidering the case if it is possible to confirm the applicant's credentials with previously unpublished evidence.
Despite this, the legal position of the courts seems to be stable. The practice in such cases is formed on the basis of formal criteria, which minimizes the likelihood of revision of earlier decisions. The judicial system, therefore, leaves little room for change in favor of the ex-co-owner of the company.
12.12.2024
