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THE SUPREME COURT REFUSED TO RECOGNIZE THE DECISION OF THE ARBITRATION COURT

The parties appealed to the arbitration court in order to resolve the dispute over the debt under the contract, presenting counterclaims to each other. The arbitrators, however, refused both sides. The customer, who disagreed with the outcome of the case, filed a lawsuit with the ...

VORONEZH "RUDGORMASH" DECLARED BANKRUPTCY

... "Rakurs" from Lipetsk, as well as the company "Olta". RGM posted information about its intentions to start the bankruptcy process on September 15, 2022. Among the creditors whose debts the company cannot repay, then the tax authorities, ... ... Weber Comechanics and United Industrial Company ("OPK") were indicated. According to the published data, earlier the arbitration court recovered 42.27 million rubles from RGM on the claim of the Defense Industry. In a lawsuit with Weber Comechanics,...

What peculiarities of bankruptcy of individuals you need to know

... case, as well as the possibility of separating the property of an individual from the property of a peasant farm enterprise should be taken into account. If there is an arrest imposed by a criminal court on the property of a bankrupt individual, the bankruptcy trustee has the right to file a petition with the bailiff or with the court of general jurisdiction to remove it. However, in case of refusal, the arbitration court has the right to suspend the proceedings on the case. The source: Recommendations of the Scientific Advisory Council at the Arbitration Court of the Ural District.

Arbitration court clarified when it is necessary to pay off a bankrupt’s rental debt

The Arbitration Court of the Ural District explained that if the debtor's expenses for commercial rental of housing are recognized by the bankruptcy trustee or by the court as reasonable, they are subject to repayment within the framework of the current payments. To do this, it is necessary to take into account the need for rent, the area of the premises, the cost of living and a number ...

The court removed non-residential premises from bankruptcy estate

The Arbitration Court of the Krasnodar Territory issued a ruling, according to which non-residential premises and a land plot were excluded from the bankruptcy estate of the debtor. The building was subject to the rule of executive immunity, with a proviso that the building was the only habitable property. As part of the bankruptcy case of an individual, his bankruptcy trustee applied to the court ...

What property should be excluded from the bankruptcy estate

... disputed premises may not be included in the bankruptcy estate, however, obligations to pay debts will not be written off from military personnel upon completion of the procedure until their full repayment. Another object that can be excluded from the bankruptcy estate is a land plot that was provided to the debtor as a measure of social support for large families. In relation to this property, the arbitration court has the right to apply the rule on the executive immunity of the only housing if the plot was provided to the family in order to improve housing conditions, if the family has no other housing, and the construction on the land plot has ...

Arbitration Court declared TEMBR-Bank bankrupt

... banks. The issue of the insolvency of a financial organization was initiated in July last year by the liquidator of the company - the Deposit Insurance Agency (DIA). The consideration of the case was repeatedly postponed, however, in mid-May, the arbitration court nevertheless came to the conclusion that it was necessary to introduce bankruptcy proceedings. The bank lost its license in the fall of 2020. Then a court decision to liquidate the financial organization was made. The process was initiated by the Central Bank of the Russian Federation, and one of the reasons for this decision ...

The court called for detailed consideration of cases of recovery of penalty in bankruptcy

The complaint of a bankruptcy trustee, who was dissatisfied with the position of the appeal instance, was transferred for consideration to the district ... ... relied only on the defendant's oral statements about the transfer of documents. No written evidence of this was presented to the arbitration court. In addition, according to the applicant, by canceling the decision to provide documentation, the court went ...

Does an individual have a right to re-initiate his own bankruptcy?

The Scientific Advisory Council under the Arbitration Court of the North Caucasus District published recommendations related to the consideration of bankruptcy cases by the courts. Details of explanations given in the document are here in oumaterial. In the very first paragraph of the text of recommendations, the NCC clarified the issue of the possibility of re-initiation of an individual’s own ...

COURT TO CONSIDER BANKRUPTCY CASE OF TULA SENATOR FROM FORBES LIST

... the consideration of which is scheduled for the end of this month. It is possible that the challenging of the judicial act was caused by the earlier initiation of the debtor's own insolvency procedure. The file of arbitration cases contains another bankruptcy petition filed by Savelyev himself. The claim was sent to the Arbitration Court of the Kaluga Region to another address of the applicant in the region, the amount of the existing debt reached 1.1 million rubles. The application preceded the procedure initiated by another creditor by a week, which could have become ...

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