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The court canceled amicable agreement due to the provisions on subsidy liability

The Arbitration Court of the North Caucasian District considered the case on the complaint of one of the creditors, who expressed dissatisfaction with the terms of the amicable agreement concluded with the debtor. The document was signed by two majority creditors and contained, among other things, a refusal to bring the controlling debtor to subsidiary liability. The court of first instance was not confused by such a state of affairs, and it claimed that the document contained no violations of...

The court considered salary claims within the framework of the debtor's bankruptcy

... time, in the case under consideration, the disagreements of the disputing parties arose from the insolvency of the debtor, who did not pay part of the salary to the employee. The result of the consideration of the complaint was the cancellation of the ruling of the court of appeal and the referral of the case for reconsideration to the court of second instance ( decision of August 24, 2021 in case № A13-7533 / 2017).

The Supreme Court of Russia replaced the real term with a suspended sentence due to the poverty of the offender

Supreme Court of Russia, court ruling, ruling, criminal liability, smuggling, suspended sentence, poverty The lower courts found him guilty and sentenced him to three years in prison. However, upon a detailed examination of the case, it turned out that the judges formally approached ...

DISTRICT COURT DECLARED THE RIGHT OF CREDITORS TO CONTROL THE BANKRUPTCY TRUSTEE

The issue of the possibility of creditors’ control over the actions of bankruptcy trustee was considered within the framework of the insolvency case of the debtor. At the same time, the opinions of the judges turned out to be different, and the district court put an end to the case, having agreed with the court of first instance. The issue concerned the inaction of a bankruptcy trustee, who did not take any action to convene a meeting to approve the cost estimate for the insolvency procedure. The...

HEIRS MAY OBTAIN THE RIGHT TO CHALLENGE PATERNITY

... order to protect the rights of minors and prevent arbitrary interference in family affairs. The lawmakers were prompted to change the norm by the legal situation with the inheritance of Olesya Shishkina, in whose case the Constitutional Court issued a ruling in March 2021. The woman tried to challenge the paternity record in respect of the girl, who, in the applicant's opinion, was not the daughter of the deceased. The court of first instance found that the record was forged, but the regional court ...

THE COURT: CREDITOR'S DOUBTS ABOUT ACCURACY OF PAYMENT OF CURRENT PAYMENTS MUST BE DISPELLED BY BANKRUPTCY TRUSTEE

... under consideration. In addition, the manager did not present a register of current payments among the case materialst. Due to the incomplete investigation of the circumstances of case and mistakes made by the courts, the district court canceled the rulings and sent the case for reconsideration ( ruling in case № A56-63013 / 2015 of July 22, 2021).

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

A case to challenge the previously issued judicial acts was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position of the courts, which refused to to remove the manager from participation in the case. At the same time, the district court questioned the correctness of the colleagues' position. The arguments of the tax authorities boiled down to the fact that the bankruptcy trustee proposed by one of the creditors...

THE DISTRICT COURT DID NOT RECOGNIZE THE FAULT OF BANKRUPTCY TRUSTEE IN THE INSUFFICIENCY OF BANKRUPTCY ESTATE

The Commercial Court of the North-Western District considered the case on recovering losses from the bankruptcy trustee. The claim was filed by one of the creditors, referring to the fact that the trustee did not challenge the exclusion of one of the debtor's creditors from the Unified State Register of Legal Entities. Thus, in the opinion of the initiator of the case, the creditors did not receive the amount of the debt of the company excluded from the register. When considering the dispute...

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

... Arbitration Court considered the issue of the installment plan for the execution of a judicial act within the framework of a 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 ...

DISTRICT COURT RECOGNIZED THE TRUSTEE’S RIGHT TO REIMBURSEMENT OF THE COST OF PLANE TICKETS

... bankruptcy trustee applied to the court with a claim for compensation of his expenses on plane tickets. The flights were necessary for carrying out actions in the framework of the insolvency case. The court of first instance satisfied the claim and the ruling was canceled by the appeal. The cassation pointed out the mistakes made by the three judges and canceled the ruling of the second instance. The position of the Arbitration Court of the city of Moscow boiled down to the right of a bankruptcy trustee ...

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