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THE COURT REFUSED TO RECOVER DAMAGES FROM THE AU DUE TO THE FUTILITY OF CHALLENGING THE TRANSACTION

The creditor filed a lawsuit to recover damages from the arbitration manager in the amount of the market value of the debtor's apartment (case no. A40-52229/20). In substantiation of the claim, the creditor pointed out that, following the results of the bankruptcy procedure of the citizen, the donation ...

AU ASSOCIATIONS ARE THREATENED WITH BANKRUPTCY DUE TO A DEBT OF 26.1 MILLION

A message published by Alexey Nikolaev, the bankruptcy trustee of the Intarsia company, appeared on the Fedresurs website. In it, he stated that he intends to seek bankruptcy through arbitration of the Association of Arbitration managers (AAU) "Orion". The basis was a debt of 26.1 million rubles. The lawsuit between Nikolaev and AAU "Orion" began in November 2021. The bankruptcy trustee appealed to arbitration, demanding to recover from the ...

LAWYERS URGED TO SETTLE THE LAW IN RELATION TO AU

Amendments to the Bankruptcy Law have been discussed in the professional community for several years, the topic remains relevant today. Discussing possible innovations, it is impossible not to touch upon the work of arbitration managers. The editors of Rusbankrot talked with leading lawyers and found out their opinion. Experts agreed that the law requires mitigation regarding the activities of the AU. In particular, it is worth paying attention to the financial component ...

THE MANAGER UNDERSTATED THE VALUE OF THE DEBTOR'S PROPERTY AND WAS RESPONSIBLE FOR THE LOSSES

In the framework of the bankruptcy case No. A46-7683/16, the debtor and his spouse applied to the court for recovery of damages from the arbitration manager. In the joint ownership of the spouses there was real estate sold by the manager at auction. Justifying their application, the spouses pointed out that, following the completion of the debtor's bankruptcy procedure, all property ...

89 RUBLES OF LOSSES WERE COLLECTED FROM THE MANAGER

89 rubles - exactly this amount was collected by the courts of three instances following the consideration of the IP's claim to the arbitration manager (case no. A11-10569/19). In the framework of the bankruptcy case of the Leader Management Company LLC, auctions were held at which the debtor's claim rights to 2,420 debtors-individuals were realized. The sole proprietor with whom ...

ACS RECOVERED HALF A BILLION RUBLES OF LOSSES

The arbitration manager Denis Penkov was charged 500 million rubles for losses caused as a result of improper performance of his duties. The information is presented in the file of arbitration cases - case A45-14821/2016. Penkov was appointed bankruptcy ...

THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

If the bankrupt company does not have the funds to finance the procedure, then the founders are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos". So, its founder was obliged to pay for the bankruptcy procedure of the company. The company filed for its own bankruptcy in November 2018. The Arbitration Court of the Arkhangelsk Region initiated a case...

The court in Voronezh put the bankruptcy trustee on the wanted list and arrested him in absentia

On April 19, the Leninsky District Court of Voronezh put the bankruptcy trustee Igor Vyshegorodtsev on the wanted list. Judge Marina Galagan has changed the measure of restraint of a man previously released on bail to the arrest, as she has not found him in the courtroom. Now, if the “lost” Vyshegorodtsev is found, he can be placed in Voronezh Detention Center No. 1 for several months. A well-known specialist who heads the local branch of the “Avangard” SRO is accused of embezzlement under Part...

The bankruptcy trustee ended up in a pre-trial detention center on suspicion of extortion

A few days ago, the economic police of St. Petersburg detained a 48-year-old citizen representing the Union of Bankruptcy Trustees in the city center. It is reported that the man was caught red-handed, having received 4 million rubles from the head of the “RosProdTorg” company. The suspect will spend the nearest future in a temporary detention center. In the meantime, the law enforcement authorities opened a case of commercial bribery. The investigation believes that having received the status...

What should bankruptcy trustee do after the sale of collateral

The National Union of Anti-Crisis Management Professionals (NUACMP) has clarified a number of situations in which collateral is sold. In its positions, the union referred to judicial practice and clarifications of the Supreme Court of the Russian Federation on controversial issues. In this article, we will briefly touch on each of the points. In a situation of insolvency of the mortgagor, the proceeds from the sale of collateralized property should cover the costs of paying land and property...

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