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THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

... absence of a counter-provision on the part of the defendant. The cassation referred the dispute for reconsideration and noted that in the present case, the courts had not established whether the debtor had obligations (both with and without due date) to creditors during the period of making disputed payments, whose claims were then included in the register of creditors' claims. The bankruptcy trustee's statement on challenging the transaction also does not indicate whether the debtor has unfulfilled ...

IT IS NECESSARY TO REDUCE THE PRIORITY OF THE CREDITOR'S CLAIMS IN A TIMELY MANNER

The debtor's creditors appealed to the court with a request to resolve disagreements on the issue of accounting for tax claims on capitalized payments as part of not the first, but the third stage of the register (case no. A60-39837/14). The court of first instance ...

THE PRESENCE OF CREDITORS' STATEMENTS EXCLUDES THE TERMINATION OF BANKRUPTCY PROCEEDINGS IF ONE OF THEM IS UNFOUNDED

The creditor appealed to the court with an application for declaring the debtor bankrupt (case No. A41-27427/23). Having established the presence of signs of insolvency in the debtor and the failure to provide evidence of the impossibility of applying bankruptcy ...

THE RIGHTS OF A SECURED CREDITOR MUST BE RESPECTED WHEN EXCLUDING A SINGLE DWELLING

... basis for resuming repayment of obligations on a loan obtained using a targeted housing loan is the exclusion of an apartment from the bankruptcy estate. However, in this situation, in order to protect the property interests of the bank as a collateral creditor, an appropriate guarantee is needed that allows not to release the pledgor from obligations to the collateral creditor upon completion of the procedure and in case of refusal by the authorized federal body to resume repayment of loan obligations ...

IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT

The plaintiff appealed to the court with a demand to recover unjustified enrichment and interest from the defendant (case no. A40-297720/22). The plaintiff and the defendant had mutual claims, partially offset by a settlement agreement. Subsequently, the plaintiff was declared bankrupt, and the outstanding part of the defendant's claim was included in the register. The manager transferred funds to the defendant in order to repay his claim, after which the determination on approval of the settlement...

THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

Due to the proceeds from the sale of the debtor's mortgaged property, taxes on such assets are repaid from the moment the mortgaged creditor began to benefit from its status. This can happen both at the very beginning of the bankruptcy case and at the observation stage, the Supreme Court determined. Such approaches were described by the judicial board for Economic Disputes of the ...

IS IT POSSIBLE TO HOLD A CREDITORS' MEETING IN SPITE OF INTERIM MEASURES

In the framework of the bankruptcy case (No. A67-9495/22), creditors and the debtor appealed to the court to challenge the decision of the creditors' meeting and the actions of the interim manager. The courts of two instances satisfied the requirements, justifying their decision by the fact that the interim ...

AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

... court for the dismissal of the arbitration manager. In refusing to satisfy the claim, the courts of two instances proceeded from the failure to provide evidence of the affiliation of the arbitration administrator with respect to the debtor and his creditor, and also took into account the absence of violations committed by him in the performance of the duties of the bankruptcy trustee of the debtor. The cassation sent the dispute for a new consideration, noting that the candidacy of the Arbitration ...

YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR

... against the debtor on each of the grounds. Based on this, the courts concluded that the bank's claims from the guarantee agreements are justified and should be included in the register. The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights to a citizen, security ...

THE NAME OF THE LENDER CAN SPEAK VOLUMES

In the framework of the bankruptcy case (No. A52-5909/22), the creditor filed an application for inclusion of the claim in the debtor's register. The courts of two instances refused to satisfy the application, based on the fact that the assignment of rights (claims) under the consumer loan agreement could only ...

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