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THE FEDERATION COUNCIL IS DISCUSSING THE RIGHT OF AN ARBITRATION MANAGER TO INTERVIEW BANKRUPT MANAGERS

... the Leningrad Region, proposed to give arbitration managers (AU) the opportunity to interview the heads of debtors or their deputies about the reasons for the insolvency of companies. Shevchenko announced the need to make appropriate amendments to the Bankruptcy Law during a round table on a relevant topic in the Federation Council. Ilya Shevchenko stressed that today there is an administrative responsibility for obstructing the actions of the Arbitration Manager. He added that if suddenly there is a refusal to cooperate with the manager, it is necessary to summon citizens to court without fail. According to the judge, forced delivery to the meeting should be considered, among other things....

THE ARBITRATION MANAGER WILL BE BANKRUPTED BY THE CAPITAL'S AVANGARD UNION

On January 11, 2024, the Perm Arbitration Court plans to consider the issue related to the insolvency of Alexander Vasev (case no. A50-25229/2023). From June 2015 to January 2019, he was a member of the capital's Professional Union of Arbitration Managers (ACS) Avangard. Now the organization is trying to declare him bankrupt, making demands of 5.09 million. It is known that during the period of his work as an arbitration manager, Vasev was repeatedly brought to administrative responsibility under Part 3.1 of Article 14.13 of the Administrative Code of the Russian ...

THE FEDERAL TAX SERVICE EXPLAINED TO THE ARBITRATION MANAGERS HOW TO PAY TAXES IN THE FRAMEWORK OF BANKRUPTCY

... particular, paragraph 9, paragraph 3 of Resolution No. 36 of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 06, 2014 "On Certain Issues related to the Management of Bank Accounts by Credit Institutions of Persons in Bankruptcy Proceedings". If the arbitration manager fails to fulfill this obligation, it threatens to violate the rights of creditors. This will be a sufficient reason to bring the manager to criminal, administrative or civil liability.

IN ORDER TO RECEIVE A STIMULATING REWARD IN A BANKRUPTCY CASE, THE MANAGER MUST TRY VERY HARD

... account the actions of the manager to limit the debtor's ability to extract income from the use of his property bypassing the bankruptcy procedure, including filing a lawsuit with the court to recover accounts receivable from the company, the sole participant ... ... the amount of fixed remuneration to 300 thousand rubles, limiting themselves to a list of standard measures carried out by the arbitration manager. In the case under consideration, the arbitration manager also failed to prove that the measures he carried ...

IMPORTANT CHANGES IN THE BANKRUPTCY LAW

A number of significant amendments have been made to the Insolvency Law. In particular, now a citizen's spouse and relatives can be involved in bankruptcy. Now the arbitration manager has the right to receive data on the assets of the debtors' spouses without going to court. In addition, the arbitration manager can find out information about the property and other relatives of the bankrupt. It will be possible to ...

LOSSES WERE RECOVERED FROM THE ARBITRATION MANAGER FOR THE EXPLOITATION OF THE DEBTOR'S PROPERTY

In the bankruptcy case of Yug-Electroservice LLC, losses were recovered from the arbitration manager (AU) for the exploitation of the debtor's property (case no. A32-50483/2017). After the Yug-Electroservice company was declared bankrupt and bankruptcy proceedings were opened against it, the vehicle was transferred to the manager....

THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS

The arbitration manager appealed to the court with an application for the completion of the sale of the property. The debtor was released ... ... Arbitration Court of the Moscow Region dated November 21, 2023 in case No. A40-260040/20). In 2021, I.A. Polyakova was declared bankrupt, and a property sale procedure was introduced in her regard. In 2023, the procedure was completed. PJSC Bank Uralsib ...

THE RECOVERY OF DAMAGES FROM THE ARBITRATION MANAGER DOES NOT INDICATE THE WILLFULNESS OF VIOLATIONS

As part of the bankruptcy proceedings, the arbitration manager was subject to compulsory insurance compensation for losses to the creditor. The insurer, based on this fact, filed a claim with the court for the recovery of material assets from him by way of recourse. During the trial, the claim ...

THE ARBITRATION MANAGER OF THE LOGOCOMPLEX REQUIRES 63 MILLION FROM THE PREDECESSOR

... former manager of the "Emerald City" Evgeny Otchiev is currently undergoing bankruptcy proceedings. On February 21, the Arbitration of Karelia declared him bankrupt (case A26-489/2023). In the application filed on January 17, 2023, the former Bankruptcy Trustee indicated the existence of a debt of 7,518,980.3 million, which arose due to the recovery of losses from him in connection with his work as an arbitration manager. Until August 1, the court introduced the procedure for the sale of his property. Photo by Freepik

AU ASSOCIATIONS ARE THREATENED WITH BANKRUPTCY DUE TO A DEBT OF 26.1 MILLION

A message published by Alexey Nikolaev, the bankruptcy trustee of the Intarsia company, appeared on the Fedresurs website. In it, he stated that he intends to seek bankruptcy through arbitration of the Association of Arbitration managers (AAU) "Orion". The basis was a debt of 26.1 million rubles. The lawsuit between Nikolaev and AAU "Orion" began in November 2021. The bankruptcy trustee appealed to arbitration, demanding to recover from the ...

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