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THE COURT REQUIRES THE LAW FIRM TO RETURN 1.7 MILLION TO THE BANKRUPTCY ESTATE

... reasonableness. While the usual cost of such services was 73,000 rubles, the organization paid third-party lawyers an amount many times higher than the market average. Sichev filed a petition to arbitration, demanding that the money be returned to the bankruptcy estate. However, neither the court of first instance nor the appeal supported the bankruptcy trustee's request. The judges did not find any signs of dishonesty in the transaction between INGA and Tenkon. AS ZSO did not agree with colleagues. The court found out that the company "Tenkon" ...

THE ARBITRATION COURT OF THE MOSCOW DISTRICT EXCLUDED MATERIAL EVIDENCE FROM THE BANKRUPTCY ESTATE

... out, as a result of which they actually became a single room. The financial manager appealed to the court with a demand to approve the regulation on the sale of apartments in one lot, and the debtor claimed the exclusion of the only housing from the bankruptcy estate. The courts approved the provision, noting the dishonesty of the debtor's actions, as well as the fact that the sale of apartments will allow not only to fully repay the creditors' claims, but also to purchase other real estate. The cassation canceled the ...

IN THE EVENT OF BANKRUPTCY OF THE SNT, CITIZENS HAVE THE RIGHT TO EXCLUDE EQUITY PLOTS FROM THE BANKRUPTCY ESTATE

In the framework of the bankruptcy case (No. A56-106590/19), the applicants appealed to the court with demands for the exclusion of land plots from the bankruptcy estate of the debtor. The courts of two instances refused to satisfy the claims, referring to the fact that the land plots are separate property of the debtor and do not belong to the common use property. The courts noted that the construction of buildings on land plots in the ...

If the debtor has no income, it is impossible to exclude funds from the bankruptcy estate for the maintenance of dependents

... maintenance of the debtor and persons dependent on him), if there are no funds in the account in the current month, then payment is not made. It can be seen from the case file that the debtor is employed and receives a salary. Meanwhile, as the district court established and follows from the debtor's own explanations, in September and October 2023, as well as in January and February 2024, the debtor did not receive wages. Thus, during these periods there was no income coming into the bankruptcy estate of the debtor. Accordingly, under such circumstances, monthly payments could not be made by the financial manager.

TO EXCLUDE PROPERTY FROM THE COMPANY'S BANKRUPTCY ESTATE, IT IS NECESSARY TO DETERMINE ITS COMPOSITION

The manager applied to the court for recognition of the debtor's right to non-residential premises as missing and its exclusion from the bankruptcy estate (case no. A40-66707/19). The courts of two instances rejected the claims, guided by the fact that the property is uninhabited and owned by the debtor, the right to this object is registered in accordance with the procedure established by law, in connection with which the courts have ...

DISTRICT COURT: A LOT OF TENANTS – NOT GOOD

... the absence of family ties with the owner of the property. At the same time, the specifics of the competitive process prescribes the use of increased standards of proof, including when considering disputes about the exclusion of real estate from the bankruptcy estate. In this regard, the cassation noted that the courts did not give a reasoned answer to the question of attributing all persons registered in the debtor's house to his family members. The court, in relation to resolving the issue of the only suitable housing in the framework of the bankruptcy case,...

DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOVERY OF DAMAGES FROM THE BANKRUPTCY TRUSTEE

... and the appeal instances agreed that the judicial act, nevertheless, could not be considered executed. In addition, the judges pointed out that there was no evidence that it was thanks to the actions of the applicant that the property returned to the bankruptcy estate. However, the district court expressed a different opinion on this matter. The Board drew attention of colleagues to the fact that when recovering losses from the trustee, one should have taken into account the real damage caused to the debtor's property, including in the case ...

THE SUPREME COURT SIDED WITH BANKRUPT AND DEFENDED MEMORIAL VALUE

... manager Olesya Ogorodnikova against the court verdicts was considered on July 1.They did not want to exclude 1 million rubles of compensation, which was awarded for moral damage to a woman who lost her daughter as a result of murder in 2016, from the bankruptcy estate. The court ordered the murderer of Zhanna Korepanova's daughter to compensate the mother for moral damage. A prisoner sentenced to serving his sentence in prison transferred 2.5 thousand rubles to a special account of mother of a murdered woman every month....

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 deal was declared invalid, and the house ...

Features of payment for the assigned claims of the debtor's employees

... Tax Service applied to the court to challenge the actions of the manager (case no. A48-2361/18). Partially satisfying the requirements, the courts of two instances proceeded from the illegality of transferring additional liability insurance from the bankruptcy estate of the former debtor's manager and their liability. In addition, the courts found the arguments of the Federal Tax Service about the illegal transfer of funds to the companies by the managers to be justified. The cassation sent the dispute for a new consideration in part and noted that the interest (monetary compensation) ...

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