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AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

As part of the bankruptcy case (No. A40-36324/22), the tax service applied to the court for the dismissal of the arbitration manager. In refusing to satisfy the claim, the courts of two instances proceeded from the failure to provide evidence of the affiliation of the arbitration administrator with respect to the debtor and his creditor, and also took into account ...

IMPORTANT CHANGES IN THE BANKRUPTCY LAW

A number of significant amendments have been made to the Insolvency Law. In particular, now a citizen's spouse and relatives can be involved in bankruptcy. Now the arbitration manager has the right to receive data on the assets of the debtors' spouses without going to court. In addition, the arbitration manager can find out information about the property and other relatives of the bankrupt. It will be possible to ...

THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

... the bankruptcy case of a citizen (No. A41-37266/21). The courts of two instances satisfied the application and appointed a new manager, based on the fact that at the creditors' meeting it was decided to define the Self-regulating Organization of Arbitration Managers as a self-regulating organization, from among whose members the debtor's arbitration manager should be approved. Since the inconsistency of the submitted candidacy of the arbitration manager with the requirements of the articles of ...

THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

... in the bankruptcy case of a citizen (No. A41-37266/21). The courts of two instances satisfied the application and appointed a new manager, based on the fact that at the creditors' meeting it was decided to define the Self-regulating Organization of Arbitration Managers as a self-regulating organization, from among whose members the debtor's arbitration manager should be approved. Since the inconsistency of the submitted candidacy of the arbitration manager with the requirements of the articles of ...

YOU WILL NOT BE PAID FOR ERRONEOUS PUBLICATIONS

... Information on bankruptcy (EFRSB) and in the newspaper Kommersant, notifications on the release of the manager from the duties of the temporary manager by the debtor by virtue of a direct instruction of the Bankruptcy Law are carried out at the expense of the arbitration manager himself, then the expenses incurred by the manager for these publications are declared to be reimbursed at the expense of the authorized body unlawfully.

THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS

The arbitration manager appealed to the court with an application for the completion of the sale of the property. The debtor was released from obligations by two instances, however, the district court did not agree with the lower courts, canceled their judicial ...

THE COSTS OF ENSURING THE SAFETY OF COLLATERAL PROPERTY DO NOT INCLUDE THE COSTS OF SPECIALISTS

The Federal Tax Service (FTS) filed a complaint against the arbitration manager in connection with the violation of the order of satisfaction of claims, as well as the failure to take measures to challenge transactions and recover losses. Two instances refused to satisfy the stated claims, but the cassation overturned ...

KNOWLEDGE IS MONEY! NOTARIES AND AU WILL HAVE TO PAY FOR REAL ESTATE INFORMATION

The government proposes to charge notaries and arbitration managers a fee for requesting information from the Federal Register. At the initiative of the legislator, from 2025, it is possible to increase the amount of the cost of requesting information on real estate rights in the Rosreestr. Arbitration ...

RECOVERY OF LOSSES FROM THE MANAGER DOES NOT INDICATE INTENT

In the framework of the case on the recovery of insurance payments by way of recourse on the claim of the insurance company from the arbitration manager (case no. A40-81332/22), the courts considered the question of to what extent the existence of a judicial act on the recovery of losses from the manager in favor of the debtor's bankruptcy case indicates the right of the insurer to ...

THE AMOUNT OF LOSSES FROM THE MANAGER MAY EXCEED THE AMOUNT OF THE CREDITOR'S CLAIMS

In the framework of the bankruptcy case (No. A41-104388/17), at the request of the creditor, the arbitration manager was suspended due to the recognition of his actions (inaction) as illegal. Inaction was expressed in the non-negotiation of transactions on the transfer of funds under contracts, in the failure to apply to the court for the reclamation ...

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