Search

CHALLENGING THE COMPANY'S TRANSACTIONS DOES NOT INDICATE THE DEFENDANT'S BAD FAITH IN HIS PERSONAL BANKRUPTCY

As part of the bankruptcy case of a citizen (No. A56-33798/21), the manager filed an application to challenge real estate purchase and sale transactions. Satisfying the application, the courts of two instances pointed out that the circumstances preceding the conclusion of the disputed transactions and the behavior of the parties to these transactions go beyond the scope of the disposition of article 61.2 of the Bankruptcy Law, and their ...

HOW CAN THE MONEY OF THE CREDITOR BE DISTINGUISHED FROM THE MONEY OF THE DEBTOR'S PARTICIPANT?

In the framework of the bankruptcy case (No. A32-50456/22), the creditor applied to the court for the inclusion of the claim in the debtor's register and the establishment of a collateral status for it. In support of the application, the creditor referred to the fact that a loan agreement was concluded between the debtor and the bank and ...

AN OBSERVATION PROCEDURE WAS INTRODUCED AT THE BAKERY IN STARY OSKOL

On February 7, the arbitration of the Belgorod Region introduced a monitoring procedure at the bakery from Stary Oskol (case no.A08-9726/2023). Aidar Bariev's candidacy has been approved for the role of interim manager. The court scheduled his report on the procedure for July 1, 2024. The company was founded in 2015. It is headed by Alexander Pomelnikov. It is reported that the organization completed the year 2022 with zero revenue. The loss amounted to 3.2 million. The ...

LET THE MANAGER ARCHIVE THE DEBTOR'S DOCUMENTATION HIMSELF

As part of the bankruptcy case, the Federal Tax Service (FTS) filed an application for recovery of losses from the manager, including on the grounds of exceeding limits. The manager appealed to the court with a counter-application for recognition of expenses beyond the limits as justified (case no. A35-6739/18). The first instance partially satisfied both applications, based on the following: The court found justified the arguments of the tax ...

KARI SHOE CHAIN INITIATES LITIGATION WITH FAS OVER CONTEXTUAL ADVERTISING

On December 1, 2023, Kari Company (TIN 7702764909) filed an application with the Moscow arbitration court (case no. A40-283677/2023). The firm demanded that the decision of the Federal Antimonopoly Service (FAS), adopted on September 14, 2023, be declared illegal. The antimonopoly authority refused to initiate a case of violation of the law by the Clothing ...

THE PLANT OWNED BY THE EX-HEAD OF THE ANTIPINSKY OIL REFINERY WAS DECLARED BANKRUPT

The Tyumen arbitration court declared the insolvency of the Polypak plant (TIN 7202261061). The company, which previously belonged to Gennady Lisovichenko, was transferred to the bankruptcy procedure under a simplified procedure. It is assumed that the existing assets of the ...

WHEN CHALLENGING A SERVICE AGREEMENT, IT IS NECESSARY TO FIND OUT THE POSSIBILITY OF THEIR PROVISION

As part of the bankruptcy case (A52-3965/21), the manager appealed to the court with an application to challenge transactions involving the transfer of funds by the debtor to the defendant under a contract for the provision of cleaning services. The courts of two instances refused to satisfy the application, noting that the ...

THE DEBTOR MAY PROVIDE FALSE INFORMATION ABOUT INCOME WHEN CONCLUDING A LOAN AGREEMENT

In the framework of the bankruptcy case of a citizen, the courts considered the issue of releasing the debtor from obligations following the results of the procedure (case No. A56-57694/21). The courts of two instances refused to release the citizen from debts, arguing that there was bad faith in the actions ...

NON-PROVISION OF FUNDS FOR POSSIBLE CREDITORS MAY GO SIDEWAYS

... creditor appealed to the cassation with a complaint. At the same time, the manager did not take into account the fact of filing a complaint and began settlements with creditors. The manager's inaction forced the creditor to file a complaint with the court. Positions of lower courts Three instances refused to satisfy the creditor's complaint. The lower courts did not find any violations of bankruptcy law in the actions of the manager. They did not see any grounds for reserving funds, since during ...

THE BENEFICIARY OF SVYAZNOY LOST THE CASE FOR 7.67 BILLION

Alfa-bank and DTSRetail, which is a co-owner of Svyaznoy, clarified their relations in court for an unknown reason, since a reasoned court decision is not ready at the moment. Onako already knows that 7.67 billion rubles were recovered from the Cypriot organization (case no. A40-59624/2023). In June, the bank already managed to recover ...

Sorted by relevance | Sort by date