Search

What rights does the debtor's spouse have in case of bankruptcy?

The Scientific Advisory Council at the Arbitration Court of the Ural District has published clarifications regarding insolvency cases of citizens. The document raised questions about the procedure for determining the amount of remuneration of the bankruptcy trustee when paying for his work with the joint property of the spouses, the pre-emptive right to purchase property belonging to the spouses in the event of bankruptcy of one of them, and a number of others. More details about such cases we ...

Does an individual have a right to re-initiate his own bankruptcy?

The Scientific Advisory Council under the Arbitration Court of the North Caucasus District published recommendations related to the consideration of bankruptcy cases by the courts. Details of explanations given in the document are here in oumaterial. In the very first paragraph of the text of recommendations, the NCC clarified the issue of the possibility of re-initiation of an individual’s own ...

What should bankruptcy trustee do after the sale of collateral

... positions that are set out in the first three paragraphs, when considering other cases of insolvency of legal entities, is possible only from the moment of the official publication of the rulings of the Supreme Court of the Russian Federation containing clarifications. Thus, the positions of the Supreme Court of Russia do not have retroactive effect and cannot be applied before the date of their official publication. In a situation where, in the course of bankruptcy proceedings, funds from the sale of property are distributed without taking into account the points listed above, the manager is obliged to offer creditors to return excessively received funds to the bankruptcy estate. If the creditors refuse,...

Sorted by relevance | Sort by date