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THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

If the bankrupt company does not have the funds to finance the procedure, then the founders are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos". So, its founder was obliged to pay for the bankruptcy procedure of the company. The company filed for its own bankruptcy in November 2018. The Arbitration Court of the Arkhangelsk Region initiated a case and in December introduced a monitoring procedure. But the debtor did not have the funds to ...

Supreme Court of Russia proposed to raise the limit of debt in case of out-of-court bankruptcy

The head of the Supreme Court of Russia, Vyacheslav Lebedev, proposed to raise the debt limit established in Russia for out-of-court bankruptcy of individuals. At a meeting of courts of general jurisdiction and arbitration with the participation of Vladimir Putin, the chairman of the Highest court of Russia summed up the results of the past year and announced the proposed changes....

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

The manager appealed to the court with an application for the establishment of a stimulating remuneration in the ... ... 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... ... 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...

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. In turn, the manager handed over the ... ... register the car due to the restrictions imposed, which is why he terminated the contract. The founder filed an application to the court to recover damages from the manager. The latter, in a separate proceeding, recovered these losses in the form of fines from ...

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

... 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... ... fulfill his professional duties. For example, in October 2018, the Perm arbitration court suspended Vasev from performing his duties as a financial manager. The reason... ... Code "Techcomfort" (case no.A50-39661/2017). Vasev, who was approved by the bankruptcy trustee, was dismissed from the case on January 18, 2019. After him, Alexey...

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 from obligations by two instances,... ... collateral creditor in almost full. A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation

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'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

As part of the bankruptcy case (No. A40-36324/22), the tax service applied to the court for the dismissal of the arbitration manager. In refusing to satisfy the claim, the courts of two instances proceeded from the failure to provide evidence of the affiliation of the arbitration administrator with respect to the debtor and his creditor, and also took into account ...

THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

... was decided to define the Self-regulating Organization of Arbitration Managers as a self-regulating organization, from among whose members the debtor's arbitration manager should be approved. Since the inconsistency of the submitted candidacy of the arbitration manager with the requirements of the articles of the Bankruptcy Law has not been established, the court approved the specified person as the financial manager of the debtor. The cassation sent the dispute for a new review on the debtor's complaint and noted the following: • The debtor argued for the entry of the manager and the majority creditor into ...

THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

... was decided to define the Self-regulating Organization of Arbitration Managers as a self-regulating organization, from among whose members the debtor's arbitration manager should be approved. Since the inconsistency of the submitted candidacy of the arbitration manager with the requirements of the articles of the Bankruptcy Law has not been established, the court approved the specified person as the financial manager of the debtor. The cassation sent the dispute for a new review on the debtor's complaint and noted the following: • The debtor argued for the entry of the manager and the majority creditor ...

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