Search

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

... trustee, expressing disagreement with the position of the judges, justified his correctness by the fact that the courts 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 beyond its powers, since the subject of its consideration was the validity of the recovery of penalty from the director and ...

District court exempted the debtor from compensation for damages in road accident

The Arbitration Court of the Ural District considered the issue of exemption of the debtor-citizen from the fulfillment of monetary obligations to creditors in connection with insolvency. The lower courts concluded that such a provision could be applied,...

The court clarified the specifics of recognizing financing as compensatory

The district court considered the case on the complaint of one of the creditors, who remained dissatisfied with the ruling issued by the court of appeal. It dealt with the inclusion of the claim of the appealer in the register of creditors’ claims, but the lower instance applied the provision on compensatory financing and downgraded the claims. The debt to the creditor ...

District Court: how to deal with a complaint of deceased person

... inheritance until the bankruptcy case is considered. Thus, the court's decision to suspend the bankruptcy case until the heirs receive certificates of the right to inheritance was not based on the rules of law and therefore is subject to cancellation ( ruling of October 20, 2021 in case No. A56-25285 / 2019).

The court recognized the mediation agreement as the basis for the initiation of bankruptcy

The case on the claim to declare the guarantor under the mediation agreement insolvent was referred to the arbitration court. The applicant argued that there was a debt of six million, which was secured within the framework of an agreement signed during the mediation of the parties. At the same time, the potential debtor contested the claim, arguing that ...

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 to to remove the manager from participation in the case. At the same time, the district court questioned the correctness ...

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 due ...

DISTRICT COURT RECOGNIZED THE TRUSTEE’S RIGHT TO REIMBURSEMENT OF THE COST OF PLANE TICKETS

... were necessary for carrying out actions in the framework of the insolvency case. The court of first instance satisfied the claim and the ruling was canceled by the appeal. The cassation pointed out the mistakes made by the three judges and canceled the ruling of the second instance. The position of the Arbitration Court of the city of Moscow boiled down to the right of a bankruptcy trustee to reimburse all the expenses incurred in the course of insolvency case, subject to their documentary confirmation. The appeal did not accept this position, having ...

DISTRICT COURT SIXFOLD INCREASED THE REMUNERATION OF TRUSTEE

The arbitration court considered the claim of the interim manager on the determination of the amount of interest and the collection of remuneration for the bankruptcy trustee. The courts of the first two instances satisfied the claim, ruling to pay 60,000 rubles. However, the district court multiplied that figure by six and here's why. The fact is that the insolvency proceedings of the debtor were carried out by the manager in 2014. The anti-crisis manager announced his demands in ...

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

... trade, to which the Supreme Court reasonably noted that in this case, the changes should have been made to the Russian National Classifier of Types of Economic Activity as well. The result of the consideration of the dispute was cancellation of two rulings and the initiation of a bankruptcy dispute ( decision No. 305-ES20-22243 of April 15, 2021).

Sorted by relevance | Sort by date