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Supreme Court of Russia specified when the FAS cannot intervene in bankruptcy auctions

The Supreme Court of Russia considered a case in which one of the potential buyers of the debtor's property made a decision to complain to the Federal Antimonopoly Service. The applicant was not satisfied with the fact that the bankruptcy trustee did not allow him to participate in bidding, referring to the failure to provide the necessary documentation. The lower courts took opposite positions, but the Supreme Court of the Russian Federation put an end to the issue. The ...

Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

The highest court considered the case, in the framework of which the debtor citizen was tried to be declared insolvent. The courts of lower instances considered that in the procedure used by the applicant it was illegal, however, the economic board recalled the peculiarities of legal relations. We are talking about an assignment agreement, under which the previous creditor of a citizen (a bank) sold the debt to him to another company. This company, due to the citizen's default on the loan, turned...

COURT TO CONSIDER BANKRUPTCY CASE OF TULA SENATOR FROM FORBES LIST

... the consideration of which is scheduled for the end of this month. It is possible that the challenging of the judicial act was caused by the earlier initiation of the debtor's own insolvency procedure. The file of arbitration cases contains another bankruptcy petition filed by Savelyev himself. The claim was sent to the Arbitration Court of the Kaluga Region to another address of the applicant in the region, the amount of the existing debt reached 1.1 million rubles. The application preceded the ...

BANKRUPTCY OF A CAPTAIN: THE COURT HAS CLARIFIED WHAT TO DO IF THE SHIP ‘HAS SUNK’ AND THE CAPTAIN IS GUILTY

In the framework of the case of bankruptcy of the ship's captain, the courts considered the issue of releasing him from further performance of obligations. The captain was released by the first two instances, but obliged to pay the debt for compensation for damage of the ship that had ...

CONSTITUTIONAL COURT OF RUSSIA WILL CONSIDER A CASE ON ‘SLAVORY’ OF THE DEBTOR IN BANKRUPTCY

The Constitutional Court of the Russian Federation is to consider the complaint of Pavel Chepkasov, who requires an examination of the constitutionality of part 6 of Art. 213.25 of the Law on Insolvency. The rule of law provides for the right of a bankruptcy trustee to conduct cases on property disputes on behalf of a citizen declared bankrupt. The applicant believes that such a formulation leads to financial slavery, since it does not give him the right to independently apply to the court to ...

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 number of bankruptcies of individuals in Russia increased by a third

... also changed. The Krasnodar Territory and the Moscow Region took the first position, while the capital used to be in the lead. As a rule, the initiators of insolvency cases are the debtors themselves. Therefore, we can conclude that the moratorium on bankruptcy introduced by the Government of the Russian Federation will not greatly affect the number of insolvency cases of individuals. This is due to the fact that the measure closes the possibility of initiating the procedure only on the part of creditors,...

How to invalidate a deal with the debtor's foreign real estate

The Arbitration Court of the Moscow District considered the case based on the complaint of a debtor, whose transaction, at the request of a bankruptcy trustee, was declared invalid by the lower authorities. The trustee considered the rights of creditors violated in a situation of alienation of the bankrupt’s house in Cyprus in favor of his young daughter. Considering the application, the ...

The court stood up for a bona fide buyer of the bankrupt’s real estate

The Arbitration Court of the North-Western District considered the complaint of a citizen who purchased an apartment from an individual who was in the process of debt restructuring. The courts of two instances, at the initiative of a bankruptcy trustee, considered the transaction invalid, but the district did not agree with such a position. The property in question was purchased by the applicant with proceeds from the sale of three other real estate objects, including a plot of land....

Supreme Court of Russia resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: it was a house with an area of over 300 sq.m., as well as the ...

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