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THE DISTRICT COURT IMPLIED INTERIM MEASURES TO BANKRUPTCY MANAGER

As part of the insolvency case of the debtor, one of his creditors filed an application for the implementation of interim measures against the manager. The requirement was to prohibit the crisis manager from settling with another creditor. At the same time, the moment of suspension was determined - until the court considered a dispute related to the case, in which the validity of agreements confirming the right to be included in the register of creditors’ claims was questioned. As additional arguments...

A NON-RANDOM CHOICE OF BANKRUPTCY MANAGER LED TO CANCELLATION OF TWO COURT ORDERS

The case on the complaint of a group of the debtor's creditors was submitted to the Commercial Court of the Ural District. The appealers were not satisfied with a random choice of a bankruptcy manager, who, in their opinion, was affiliated with another group of creditors and could be biased. The fact was that the court of first instance sent messages to a number of SROs with a request to send their candidacies for managers. As ...

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 to obtain information on his own, since foreign banks are not legally obliged to provide it. At the same time, the courts of the first and appellate instances rejected the claims, but not the district court. The applicant stated that in the course...

PRESIDIUM OF THE COURT CLARIFIED PECULARITIES OF APPLICATION OF ARTICLE 14.13 OF THE CODE OF ADMINISTRATIVE OFFENCES OF RUSSIAN FEDERATION

The Presidium of the Arbitration Court of the North Caucasian District prepared recommendations that were made during the meeting of the Scientific Advisory Council. They included issues of arbitration practice, including the point concerning bringing the manager to administrative responsibility when he commits illegal actions in bankruptcy. The clarifications are related to the Article 14.13 of the Code of Administrative Offences of the Russian Federation, which establishes the responsibility...

THE COURT: TRUSTEE HAS A RIGHT TO REAPPLY FOR INSTALLMENT

The Arbitration Court of the Ural District found it possible for a trustee to reapply for the provision of an installment plan for the execution of the judicial act. An important factor in approval of such a position was the circumstances that changed at the time of the first application. Initially, the anti-crisis trustee applied to the court to approve the amount of interest on his own remuneration for conducting the debtor's insolvency procedure. The demand was satisfied, and the trustee received...

THE SUPREME COURT DIVIDED PASSIVE BEHAVIOR OF CREDITORS AND RESPONSIBILITY OF A MANAGER

The Supreme Court considered the case on the complaint of creditors against the action (inaction) of the bankruptcy manager. Over a long period of bankruptcy proceedings, the crisis manager did not take measures to terminate the contract that was unfavorable for the debtor and his creditors. The courts of three instances did not consider it as a problem ...

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