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THE DEBTOR HAS A RIGHT TO DECIDE HOW TO GET HIS PENSION, SUMMED UP THE DISTRICT COURT

Within the framework of the insolvency case of an individual, his bankruptcy trustee filed a claim to change the procedure for paying the pension. Initially, the debtor received it using the services of a third party. The trustee asked to transfer the amount exceeding the subsistence level to the personal account of the debtor. The courts of the first two instances supported the applicant, but the District Court found this interpretation of the law to be incorrect. It was noted in the cassation...

THE DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOGNITION OF PAYMENTS AS OPERATIONAL ONES

The Arbitration Court of the Urals District considered the claim of one of the debtor's creditors, who insisted on assigning a number of payments to the fifth priority instead of the fourth. However, the courts of the first two instances did not support the ...

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 ...

THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor ...

DISTRICT COURT POINTED OUT THE RIGHT OF CREDITORS TO ELECT A TRUSTEE

The Arbitration Court of the North-Western District considered the complaint of one of the creditors. The applicant expressed dissatisfaction with the fact that the lower courts independently chose the trustee, having deprived the creditors of their legal ...

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

The Supreme Court of Russia considered the dispute on declaring the company insolvent. One of the debtor's creditors initiated the case, and the court of the first instance accepted the application and initiated bankruptcy proceedings. However, in subsequent challenges of the claim in the appeal and district courts, the position was found to be incorrect, and the submitted application was returned to the creditor. The reason was the action of the moratorium on bankruptcy in relation to the debtor...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

The Economic Board of the Supreme Court of the Russian Federation considered the case at the request of a bankruptcy trustee. He demanded that the transaction must be invalidated by offsetting similar claims, and the parties to the agreement were the contractor (bankrupt company) and the customer. The courts of three instances sided with the applicant, but the Supreme Court of Russia rejected his claim him. The essence of the dispute arose as a result of the parties' performance of a contract...

COURT OF ARBITRATION ACCEPTED A PETITION ON THE INSOLVENCY OF THE TVZAVR ONLINE CINEMA

Moscow Court of Arbitration accepted an application for declaring the insolvency of TVzavr LLC for production. The company has existed since 2010 and is the largest online cinema in Russia. According to her its own data, the monthly audience of the cinema is over 35 million users. The application for declaring bankruptcy of the company was initiated by Nikita Kisloshchenko. The amount of the debt owed to him has not been disclosed, however, it is known that there has been a decision of the Khamovnichesky...

THE DISTRICT COURT PUT AN END IN THE CASE OF HEIRS OF THE DEBTOR AND CREDITOR

The unusual legal situation had to be resolved by the Arbitration Court of the Moscow District. It unfolded in the insolvency case of the debtor's heiress, which in turn was initiated by the creditor's heiress. Initially, two spouses (the deceased creditor and his wife) borrowed a large sum of money from ...

LIPETSK FORGING PLANT FILED FOR VOLUNTARY BANKRUPTCY

The Arbitration Court of the Lipetsk region is to consider the insolvency petition of Lipetsk Forging Plant LLC. The initiator of the case was the enterprise itself. The potential bankrupt is positioning itself as a company with a seventy-year history, ...

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