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What actions should not be taken by bankruptcy trustee when bidding

Tula Department of the FAS of Russia considered the complaint of an auction participant. He considered the actions of the debtor’s bankruptcy trustee as unlawful. The anti-crisis manager moved the deadline for accepting applications on his own initiative, which led to the victory of another participant. According to the terms of the auction, they were supposed to end on January 12, 2022. The initiator of the complaint filed ...

Rent of a house in Rublyovka became the subject of a bankruptcy case

The case on the complaint of the bankruptcy trustee of debtor was referred to the highest court of Russia. The anti-crisis manager received refusals to satisfy his claim in lower instances and decided to seek justice in the Supreme Court of Russia. The Economic Board listened to the arguments and urged colleagues to reconsider the case, pointing out the mistakes made. ...

Supreme Court of Russia indicated when it is possible to reclaim the debtor's property from his head

The Economic Board considered the case on the application of a bankruptcy trustee to reclaim the vehicles belonging to the company from the former head of debtor. The courts of three instances took the side of the anti-crisis manager. However, the Supreme Court of the Russian Federation identified the mistake made and sent the dispute for reconsideration. The trustee’s arguments boiled down to the fact that the vehicles belonged to the debtor, but his head, did not transfer ...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment took place and was documented, which meant that there were grounds for including the...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

The highest court of Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging ...

Arbitration court of the Ural District indicated cases of bringing persons controlling debtor to subsidiary liability

... result, the person controlling debtor was held liable for the company's debts. The second situation was related to the proper fulfillment of obligations. The court established that the former head of the debtor made several attempts to contact the manager and hand over the documents, but the latter did not come to receive them. Later the materials were received by the anti-crisis manager, but he nevertheless considered it possible to attract the head of debtor to the subsidiary liability, but his ...

Supreme Court of Russia clarified the difference between the currency of debt and the currency of payment

As a part of the insolvency case, the bankruptcy trustee applied to the court with a demand to invalidate the supplementary agreement to the lease concluded between the debtor and the creditor. The courts of three instances satisfied the application, but the Supreme Court of Russia canceled the rulings, pointing out the errors in their adoption. The question concerned a long-term lease agreement to which the parties signed an additional agreement. Under the terms of the contested document, the base...

WHAT YOU SHOULD KNOW ABOUT TRANSITION FROM A SIMPLIFIED BANKRUPTCY PROCEDURE TO A GENERAL ONE

The Arbitration Court of the North Caucasian District considered the case on the request of the bankruptcy manager to transfer the debtor from the simplified bankruptcy procedure to the general one. The way of considering this application was thorny: the cassation proceeded in a second round and, nevertheless, the court rejected the claims. Initially, the ...

THE DISTRICT COURT OUTLINED THE PECULIARITIES OF INVOLVEMENT THE APPRAISER IN BANKRUPTCY

The Arbitration Court of the North Caucasian Federal District considered the case on the complaint of one of the creditors. The applicant was not satisfied with the rulings adopted by the lower courts, by which the bankruptcy manager of the debtor was allowed to involve an appraiser to determine the value of the latter's property. The creditor considered that the manager was able to carry out the assessment himself, and there was no need to spend funds from the bankruptcy ...

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