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THE COURT: TRUSTEE HAS A RIGHT TO REAPPLY FOR INSTALLMENT

The Arbitration Court of the Ural District found it possible for a trustee to reapply for the provision of an installment plan for the execution of the judicial act. An important factor in approval of such a position was the circumstances that changed at the time of the first application. Initially, the anti-crisis trustee applied to the court to approve the amount of interest on his own remuneration for conducting the debtor's insolvency procedure. The demand was satisfied, and the trustee received...

DISTRICT COURT SIXFOLD INCREASED THE REMUNERATION OF TRUSTEE

The arbitration court considered the claim of the interim manager on the determination of the amount of interest and the collection of remuneration for the bankruptcy trustee. The courts of the first two instances satisfied the claim, ruling to pay 60,000 rubles. However, the district court multiplied that figure by six and here's why. The fact is that the insolvency proceedings of the debtor were carried out by the manager in 2014. The anti-crisis manager announced his demands in ...

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

The Constitutional Court of the Russian Federation is to consider the complaint of Pavel Chepkasov, who requires an examination of the constitutionality of part 6 of Art. 213.25 of the Law on Insolvency. The rule of law provides for the right of a bankruptcy trustee to conduct cases on property disputes on behalf of a citizen declared bankrupt. The applicant believes that such a formulation leads to financial slavery, since it does not give him the right to independently apply to the court to get...

THE SUPREME COURT OF RUSSIA CLARIFIED THE LIMITS OF MORATORIUM ON INITIATION OF BANKRUPTCY PROCEEDINGS

... trade, to which the Supreme Court reasonably noted that in this case, the changes should have been made to the Russian National Classifier of Types of Economic Activity as well. The result of the consideration of the dispute was cancellation of two rulings and the initiation of a bankruptcy dispute ( decision No. 305-ES20-22243 of April 15, 2021).

The district court clarified the specifics of bringing the head of company to subsidiary liability

The Arbitration Court of the North-West District considered the case at the request of the bankruptcy manager of the debtor. The question concerned the attraction of the head of a bankrupt company to subsidiary liability due to incomplete transfer of documentation. At the same time, the head himself insisted that he had provided all the necessary documents and there were no grounds for bringing him to liability. The court of first instance and the court of appeal agreed with this position. They...

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,...

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 the agreement of property transfer. However, the courts of two instances rejected the application, stating that the housing was the only one, and the decision...

THE COURT: THE AMOUNT OF BANKRUPT’S PROPERTY SALE FEE SHOULD BE FIXED

The case, in which the financial manager of the debtor and the pledged lender could not come to a common opinion, has recently been transferred for consideration of the Commercial Court of the Moscow District. The question concerned the procedure for the sale of the pledged property. The lender offered to resort to the services of a company that had been found by him, which required a sale fee of the value of the items sold as a reward. The manager insisted on his own services. The court of both...

THE COURT CALLED NOT TO DELAY WITH ENSURING MEASURES IN BANKRUPTCY

... first instance, the position of which was also supported by the court of the appeal, satisfied the application and prohibited the appointment of the first meeting of creditors. However, one of the debtor's creditors disagreed and challenged the court ruling. The clerk's arguments were that the ban on holding the first meeting of creditors violated the rights of the bankruptcy creditors themselves, and the applied security measure did not correspond to the goals and objectives of the bankruptcy proceedings....

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 head of the debtor had transferred part of the documents for safekeeping a few years earlier. After that, the company...

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