Search

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... questioned the correctness of the colleagues' position. The arguments of the tax authorities boiled down to the fact that the 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 ... ... 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....

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 in another case as third parties was named. However, the district court did not agree with this interpretation of the law. The application for inclusion in the register ...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register of creditors’ claims. It was formed as a result of the invalidation of the transfer of funds by the creditor in favor of the debtor with the recognition of the operation as compensatory financing. The court of first instance, taking into account the affiliation of parties and their subordination to one beneficiary, satisfied the claim, included the debt in the register, having ...

Sorted by relevance | Sort by date