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DISTRICT COURT PUT AN END TO THE CASE ON SUBORTINATION OF CREDITORS’ CLAIMS

... arbitration court. The court of the first instance saw no grounds for this, but the appeal court took the opposite position. The district court put an end to the case. The lender's statement was based on a loan obligation. After the introduction of the ... ... court of the first instance satisfied the application. However, the appeal court canceled the ruling, having found the fact of affiliation between the parties to the transaction. The result of consideration in the second instance was the subordination of the creditor's claims and a court order to pay off the debt to him after all other declared creditors. At the same time, the cassation ...

Modified: 04.26.2021
district court , subordination of claims , debtor , creditor , affiliation
Path: РусБанкрот - СМИ

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and the creditor. The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not committed any ... ... been contested - no complaints had been filed against him, he had not been disqualified or expelled from his SRO. However, the district court drew the attention of colleagues to the fact that, given the established affiliation of the parties with the trustee, the law and judicial practice allow his removal from the participation in the case....

Modified: 08.25.2021
arbitration court , debtor , creditor , affiliation , bankruptcy trustee , district court , ruling , bankruptcy
Path: РусБанкрот - СМИ
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