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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 with a request to exclude ...

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 ...

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 ... ... the trustee stated that three judges did not consider the fact that the director of debtor did not provide the necessary documentation to the him as proven and therefore... ... 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...

Azov Grain Company declares bankruptcy

An insolvency petition against Azov Grain Company LLC was filed with the Arbitration Court of the Rostov Region. The claim is based on the presence of debts in the amount of over 1 billion rubles. The debtor initiated the procedure on his own, but the creditors are likely to appear soon. At the moment, the claim has already ... ... the bank, which is currently the only participant in the potential debtor company, had already taken measures to declare its bankruptcy. Then the case was tied with the debt in the amount of 9 million rubles. However, in the process of considering the ...

‘TOP LEAGUE’ COMPANY FROM KRASNODAR FILES FOR BANKRUPTCY

The day before, the arbitration court introduced supervision in relation to ‘Chain of ‘Top Leage’ sports stores’ LLC. The case was initiated by ASICS ... ... of the ‘Top league’ is obliged to provide the accounting and other documentation of the company for its detailed study by the bankruptcy trustee appointed by the court. A meeting to summarize the results of the observation is scheduled for next March. ...

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 the creditor. The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not ...

THE DISTRICT COURT RECOGNIZED THE DEBTOR'S RIGHT TO INSTALLMENT PAYMENT OF DEBT

The Arbitration Court considered the issue of the installment plan for the execution of a judicial act within the framework of a bankruptcy case. The claim was satisfied by the court of first instance and rejected by the second. The district court cancelled the ruling of appeal. The applicant was an individual, in respect of whom a decision to return the funds transferred by the debtor to the bankruptcy estate was previously made. The applicant applied to the court with a demand for an installment plan ...

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 ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE LIMITS OF MORATORIUM ON INITIATION OF BANKRUPTCY PROCEEDINGS

The Supreme Court of Russia considered the dispute on declaring the company insolvent. One of the debtor's creditors initiated the case, and the court of the first instance accepted the application and initiated bankruptcy proceedings. However, in subsequent challenges of the claim in the appeal and district courts, the position was found to be incorrect, and the submitted application was returned to the creditor. The reason was the action of the moratorium ...

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