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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 ... ... debtor had violated the rules of the safety of sea transport, as a result of which the damage was caused. Leaving a debt to the creditor, the courts justified this by causing harm by illegal actions of the debtor, but the board of the District court expressed ...

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

... subsidiary liability, was submitted to the Arbitration Court of the North-West District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision was considered erroneous in cassation. The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary liability and referred to several circumstances at once. Among them, there were untimely transfer of the debtor's documentation, causing harm to creditors by a number of transactions and failure to file a bankruptcy petition in a situation where there was a debt to one of the creditors. The judges of the first and appeal instances considered the circumstances listed by the trustee to be proven ...

WHAT TO DO IF FILING OF BANCRUPTCY CLAIM IS PREMATURE

The Arbitration Court of the Volgo-Vyatka region considered the creditor's complaint against the ruling of a lower court. The appealer referred to the incorrect application of the rules of law in the refusal to accept the bankruptcy petition with the violation of the procedural time limit established by the law. The fact is that the petition to declare the debtor bankrupt was filed a day earlier than it was established by law. The applicant published information about ...

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