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Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

The Supreme Court of Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee. The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative responsibility. However, the courts of three instances rejected the claim, after which the Russian State Register ...

Modified: 04.19.2022
Supreme Court of the Russian Federation , definition , manager , bankruptcy , Rosreestr , administrative responsibility , bankruptcy of an individual
Path: РусБанкрот - СМИ

The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's arguments convincing and canceled the contested judicial act. The question concerned the procedure for establishing, as well as distribution of the moratorium...

Modified: 10.14.2021
Supreme court of Russia , court ruling , moratorium interest , debtor , creditor , bankruptcy of an individual , bankruptcy of a citizen , bankruptcy
Path: РусБанкрот - СМИ

THE SUPREME COURT OF RUSSIA CLARIFIED WHO SHOULD BE CHARGED WITH A BURDEN OF PROVING WHEN CHALLENGING A DEBT

... confused by this fact. Having considered these actions of the parties as intention to create fictitious accounts payable, the court rejected the claims. Canceling all three resolutions, the Supreme Court of Russia Forces agreed with the position of the bankruptcy trustee, who pointed to the affiliation of the parties to the transaction, which, by the way, had been previously proven in another case. What is more, the trustee drew attention to the fictitiousness of the concluded agreement and the lack ...

Modified: 08.12.2021
The Supreme Court of Russia , inclusion in the register of creditors’ claims , creditor , debtor , bankruptcy of an individual , loan agreement , bankruptcy
Path: РусБанкрот - СМИ

THE DISTRICT COURT CLARIFIED THE NECESSITY OF INQUIRIES TO FOREIGN BANKS

The bankruptcy trustee asked the court to send instructions to a number of states to provide information about the debtor's bank accounts and the funds on them in the framework of the bankruptcy case. The applicant referred to the fact that he is unable ...

Modified: 07.01.2021
bankruptcy of an individual , bankruptcy manager , request for documents , letter of order , foreign bank , bankruptcy , inquiry
Path: РусБанкрот - СМИ

THE COURT: THE DEBTOR HAS THE RIGHT TO THE ONLY HOUSING, EVEN IF HE DOES NOT LIVE THERE

In the framework of the insolvency case of an individual, the arbitration court considered an application for exclusion of a residential building and a land plot as the only housing of a bankrupt citizen from the bankruptcy estate. At the same time, the courts of first and appellate instances rejected the claim, citing the lack of proof that the housing was the only one, as well as the debtor's attempt to withdraw this property from the bankruptcy estate. The ...

Modified: 06.25.2021
bankruptcy , bankruptcy of an individual , arbitration court , court , sole housing , bankruptcy estate
Path: РусБанкрот - СМИ
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