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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 ...

IN NOVOSIBIRSK, AU IS ACCUSED OF FRAUD

Andrey Radko, who was approved in December 2022 for the role of financial manager in the bankruptcy case of entrepreneur Anatoly Matalyga, turned out to be a person involved in a criminal case. The investigation against him was launched on September 6, 2024 on charges of fraud (Article 159 of the Criminal Code of the Russian Federation). ...

THERE IS NOTHING UNFAIR ABOUT INVESTING IN FINANCIAL PYRAMID SCHEMES

The manager appealed to the court with an application for the completion of the procedure for the sale of property and the release of the debtor from obligations (case No. A05-7729/22). Refusing to release the citizen from obligations, the courts of two instances proceeded from the fact that when issuing a loan, the debtor informed the bank knowingly false information about his income. The debtor took out a loan not for personal urgent needs, not under the influence of fraudsters, but for investing...

THE JUDGES DIDN'T CONSIDER THE MANAGER'S MISTAKE IN SUBJECT-MATTER JURISDICTION AS INACTION

Within the framework of the case on his own bankruptcy, the debtor applied to the arbitration court with a demand to declare the inaction of the financial manager to be illegal. According to the applicant, it consisted in the failure to file a claim to recover unjust enrichment from one of the debtor's counterparties. The court of the first instance satisfied the claim, having collected the ...

THE DEBTOR HAS A RIGHT TO DECIDE HOW TO GET HIS PENSION, SUMMED UP THE DISTRICT COURT

Within the framework of the insolvency case of an individual, his bankruptcy trustee filed a claim to change the procedure for paying the pension. Initially, the debtor received it using the services of a third party. The trustee asked to transfer the amount exceeding the subsistence level to the personal account of ...

THE COURT DID NOT APPRECIATE INACTION OF COLLEAGUES AND CANCELLED COURT RULINGS

The district court considered the complaint of a citizen whose bankruptcy proceedings were terminated by the court. The reason was the expiration of the procedural period for the appointment of a financial manager. Initially, there was a manager, but his powers were terminated ahead of schedule. After that, the court of the first instance first made an attempt to choose a new manager from the same SRO by sending a corresponding request. However,...

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