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SUPREME COURT OF RUSSIA DID NOT ALLOW THE ASSETS OF THE DEBTOR TO BE WITHDRAWN BY CONCLUDING AN AGENCY AGREEMENT

Within the framework of the insolvency case, the bankruptcy trustee of the debtor tried to challenge the agency agreement concluded between the potential bankrupt and a third party. The trustee was confused by the fact that the agreement was signed immediately after the initiation of the principal's insolvency case. The opinions ...

THE DISTRICT COURT RECOGNIZED THE DEBTOR'S RIGHT TO INSTALLMENT PAYMENT OF DEBT

... bankruptcy case. The claim was satisfied by the court of first instance and rejected by the second. The district court cancelled the ruling of appeal. The applicant was an individual, in respect of whom a decision to return the funds transferred by the debtor to the bankruptcy estate was previously made. The applicant applied to the court with a demand for an installment plan due to the impossibility of a one-time execution and the presence of a number of financial difficulties. His arguments boiled ...

CONSTITUTIONAL COURT OF RUSSIA WILL CONSIDER A CASE ON ‘SLAVORY’ OF THE DEBTOR IN BANKRUPTCY

... formulation leads to financial slavery, since it does not give him the right to independently apply to the court to get his own salary. Chepkasov cites a situation when the trustee refused to initiate the process of collecting wages as an example, and the debtor himself was not entitled to do it by law. Thus, the debtor falls into slavery of the bankruptcy trustee, which "is not provided for by any rule of law," reports TASS. The legal situation arose after a bankrupt citizen tried to collect ...

THE DISTRICT COURT OPPOSED THE TRANSFER OF REAL ESTATE TO GRANDCHILDREN OF DEBTOR BY GIFT

The Arbitration Court of the Moscow District resolved the dispute between the creditor and the debtor. The issue concerned the alienation of real estate in favor of the grandchildren of the debtor. It included not only the housing, but also a land plot, a garage and outbuildings. The creditor considered this behavior unacceptable and challenged ...

DISTRICT COURT NAMED A PERSON RESPONSIBLE FOR SAFETY OF THE DEBTOR’S DOCUMENTS

The district court has recently considered a case on the application of the bankruptcy manager for coercion to transfer the debtor's documentation to him. Usually the head of the bankrupt company acts as the defendant in such cases, but in the case under consideration, the situation was different. The manager turned his claims to the liquidator of the organization, to which ...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CASE ON THE DISPUTE ABOUT THE DEBTOR'S PROPERTY AFTER HIS DEATH

The case on the complaint of the heiress of the deceased debtor was transferred to the judicial board of the Supreme Court of Russia. The woman demanded that the courts exclude 1/3 of the apartment's share from the bankruptcy estate, but her claim was rejected. The situation began as an ordinary bankruptcy ...

RUSSIAN DEPUTIES WILL PROHIBIT TO SEIZE PETS FROM DEBTORS

The State Duma is considering a draft law aimed to protect pets from seizure from the debtor owners. The initiators were the deputies of United Russia party, V.V. Burmatov and P.V. Krasheninnikov. The document has already passed the first reading. It is proposed to amend Article 446 of the Code of Civil Procedure of the Russian Federation,...

THE SUPREME COURT OF RUSSIA DID NOT ALLOW THE WITHDRAWAL OF THE DEBTOR'S ASSETS IN BANKRUPTCY

The Supreme Court of Russia on the initiative of the bankruptcy manager has recently considered a case challenging a chain of transactions that led to the withdrawal of the only liquid property of the debtor. At the same time, the courts of the lower instances rejected the claims, haven’t found the interest of the parties or inequality of the consideration. The essence of the legal relationship between the debtor and a certain individual was that ...

THE COURT ASSESSED THE POSSIBILITY FOR THE DEBTOR’S DEPOSIT CONTESTATION

A dispute over the invalidation of the assignment agreement, under the conditions of which the assignor (bank) received a deposit from the assignee (debtor), was submitted to the highest court for consideration. The initiator of the proceedings was the manager, whose position was supported by the judges of three instances at once. According to the applicant, the assignment agreement must be declared ...

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

In the framework of the bankruptcy case (No. A40-34123/19), the courts considered the application of the manager for bringing the former director of the debtor to subsidiary liability. In support of the application, the manager referred to the fact that in the framework of the bankruptcy case of one of the debtor's creditors, the transaction on the transfer of funds by the debtor in favor of the creditor ...

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