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Bankruptcy trustee convinced the Supreme Court of Russia of fictitiousness of transaction due to data of the Federal Tax Service

The Supreme Court considered the complaint of a bankruptcy trustee, who was dissatisfied with the rulings issued by the lower courts. The question concerned the claim of one ... ... trustee, which the Highest Court regarded as a violation of the Arbitration Procedure Code of the Russian Federation. Now the Arbitration Court of Moscow will have to reconsider the case with work on mistakes made by the colleagues ( decision № 305-ES21-4104 ...

Modified: 11.24.2021
Supreme Court of Russia , corporate bankruptcy , bankruptcy trustee , subcontracting , arbitration court , bankruptcy
Path: РусБанкрот - СМИ

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

A case to challenge the previously issued judicial acts was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position of the courts, which refused ... ... 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 ...

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

THE SUPREME COURT OF RUSSIA LEGALIZED THE RIGHT OF BANKRUPTCY TRUSTEE TO KNOW THE RELATIVES OF PERSONS CONTROLLING THE DEBTOR

The Supreme Court of Russia considered the complaint of a bankruptcy trustee, whose application for receiving information about the close relatives of the persons controlling the debtor from the registry office was rejected. The position of the courts was that the requested data were not related to the collection ...

Modified: 06.16.2021
bankruptcy , arbitration court , Supreme Court , court , bankruptcy trustee , person controlling the debtor
Path: РусБанкрот - СМИ

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 ...

Modified: 03.14.2022
bankruptcy trustee , bankruptcy , debtor , forfeit , arbitration court , ruling
Path: РусБанкрот - СМИ

THE ARBITRATION MANAGER HAS ACHIEVED REMUNERATION OF 5.4 BILLION RUBLES

The Arbitration Court of the Tyumen Region issued a resolution on the recovery of remuneration in favor of the bankruptcy trustee of the bankrupt plant, the amount of which exceeds 5.4 billion rubles. At the moment, the judicial act has not yet entered into force and can be challenged. The issue of such a large fee arose in the framework of the insolvency case ...

Modified: 06.09.2022
bankruptcy trustee , remuneration , arbitration court , bankruptcy , plant , Antipinsky Oil Refinery
Path: РусБанкрот - СМИ

DEATH IS NOT A GROUND FOR TERMINATION OF CASE: WHAT MISTAKES WERE CORRECTED BY THE DISTRICT COURT

The Arbitration Court of the Ural District was carried out work on mistakes of colleagues from the lower instances. At first, the court satisfied the claims against the deceased defendant as a part of a bankruptcy case, but then the colleagues from the court of appeal ceased production on the complaint of the heir, referring to the absence of his rights to challenge the claim. The legal situation began to develop after the trustee’s application to ...

Modified: 07.02.2021
bankruptcy of company , bankruptcy trustee , subsidiary responsibility , arbitration court , former debtor head , bankruptcy
Path: РусБанкрот - СМИ
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