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THE PRESENCE OF CREDITORS' STATEMENTS EXCLUDES THE TERMINATION OF BANKRUPTCY PROCEEDINGS IF ONE OF THEM IS UNFOUNDED

... the debtor as bankrupt or an application on the inclusion of claims in the register of claims of creditors of the debtor. If the court finds that the claims satisfying the conditions of the Bankruptcy Law are justified and included in the register of creditors' claims of the debtor, the bankruptcy proceedings are not subject to termination. The case materials confirm and establish by the court of appeal that the bank's claims are included in the register of creditors' claims of the debtor, among others. Considering that the size of these ...

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

... courts, annulled their judicial acts and sent the dispute for a new examination, indicating that not all necessary measures had been taken. The sale of a real estate object, even at cadastral value, would allow meeting the requirements of the collateral creditor in almost full. A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation

CREDITORS MAY BE CHARGED LOSSES FOR AN UNPROFITABLE BANKRUPT TRANSACTION

Losses for a transaction involving a recognized insolvent enterprise can be collected not only from its bankruptcy trustee, but also from creditors who approved it. The corresponding definition is contained on the website of the Supreme Court of Russia. The court came to such conclusions during the bankruptcy proceedings of the Vyborg Timber Corporation, which belonged to Vyborg Ltd. ...

CREDITORS WILL BE ABLE TO DECIDE THE FATE OF THE PARTIALLY PAID FOR BANKRUPT GOODS

... his claim in the register for the value of the partially paid goods, that is, the creditor receives the right to satisfy the claim at the expense of the value of the collateral. The second scenario, in turn, involves the transfer of property to the bankruptcy estate with the establishment of collateral status and subsequent preferential satisfaction of the creditor's claim based on the results of the sale of property at auction. Thus, the Supreme Court of the Russian Federation canceled the judicial acts of the lower courts and sent the case for a new hearing to the first instance.

THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

... reconsideration and noted that in the present case, the courts had not established whether the debtor had obligations (both with and without due date) to creditors during the period of making disputed payments, whose claims were then included in the register of creditors' claims. The bankruptcy trustee's statement on challenging the transaction also does not indicate whether the debtor has unfulfilled obligations to creditors during the disputed period.

IT IS NECESSARY TO REDUCE THE PRIORITY OF THE CREDITOR'S CLAIMS IN A TIMELY MANNER

... complaint that such actions significantly violate the rights of the authorized body, which throughout the bankruptcy proceedings procedure was deprived of the opportunity to participate in the management of the creditors' community, which is carried out by bankruptcy creditors of the third stage, due to the satisfaction of claims in a preferential manner. An arbitrary change in the order led to the occurrence of uncompensated losses of the authorized body in the form of deprivation of the right to manage the affairs ...

THE RIGHTS OF A SECURED CREDITOR MUST BE RESPECTED WHEN EXCLUDING A SINGLE DWELLING

... apartment, is carried out within the framework of the NIS for military personnel. In the case under consideration, the basis for resuming repayment of obligations on a loan obtained using a targeted housing loan is the exclusion of an apartment from the bankruptcy estate. However, in this situation, in order to protect the property interests of the bank as a collateral creditor, an appropriate guarantee is needed that allows not to release the pledgor from obligations to the collateral creditor upon completion of the procedure and in case of refusal by the authorized federal body to resume repayment of loan obligations ...

IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT

... court with a demand to recover unjustified enrichment and interest from the defendant (case no. A40-297720/22). The plaintiff and the defendant had mutual claims, partially offset by a settlement agreement. Subsequently, the plaintiff was declared bankrupt, and the outstanding part of the defendant's claim was included in the register. The manager transferred funds to the defendant in order to repay his claim, after which the determination on approval of the settlement agreement between the parties ...

THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

... Enterprise Binaka Soybean Processing Plant, specializing in the production of animal feed. The parties did not agree on the period for which the debtor's tax obligations should be repaid with the help of funds from the sale of mortgaged property. The bankruptcy trustee and the collateral creditor considered that only those taxes that were accrued during the period when Binaki was in the bankruptcy process (since June 2018) are paid off as a priority. In addition, penalties should not be repaid as a matter of priority due to the sale of ...

IS IT POSSIBLE TO HOLD A CREDITORS' MEETING IN SPITE OF INTERIM MEASURES

In the framework of the bankruptcy case (No. A67-9495/22), creditors and the debtor appealed to the court to challenge the decision of the creditors' meeting and the actions of the interim manager. The courts of two instances satisfied the requirements, justifying their decision by the fact that the interim ...

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