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Printouts from Avito become evidence in a bankruptcy case

The Arbitration Court of the North-Western District considered the case on the complaint of the tax service, the representatives of which challenged the contract for the sale of a car owned by the debtor at a significantly lower price. The courts of first instance and appeal rejected the applicant's arguments, but the district board considered its position to be unfounded. Three years before the company was declared bankrupt, its head sold a car belonging to the company to an individual at a price...

Is bankruptcy trustee obligated to offer a deal to the third auction participant?

A case in which the parties disputed the actions of a bankruptcy trustee was submitted for consideration of the Arbitration Court of the Moscow District. Some of the participants believed that he should had offered the deal to the third auction participant, while others believed that he should had initiated another procedure. The district court dealt with the legislative subtleties on this issue. As a part of the bankruptcy case, the trustee organized an auction for the sale of the receivables...

Rent of a house in Rublyovka became the subject of a bankruptcy case

The case on the complaint of the bankruptcy trustee of debtor was referred to the highest court of Russia. The anti-crisis manager received refusals to satisfy his claim in lower instances and decided to seek justice in the Supreme Court of Russia. The Economic Board listened to the arguments and urged colleagues to reconsider the case, pointing out the mistakes made. The question concerned challenging of the lease agreement concluded by the debtor during the period of suspicion. The subject of...

Supreme Court of Russia found errors in the satisfaction of claim for reconsideration of case

The case on the complaint of one of the debtor's creditors, whose claim other participants in the bankruptcy process decided to challenge due to the newly discovered circumstances, was referred to the Highest court. Their arguments were listened to by the lower instances, the decision to include the debt in the register of creditors’ claims was canceled, but the creditor considered it unfounded and complained to the Supreme Court of Russia. The arguments of the judges of three instances, in fact...

Supreme Court of Russia indicated criteria for challenging the debtor's transaction

The highest court of Russia considered the case on the complaint of a buyer of the debtor's property, whom the district court suspected of being aware of the illegality of the transaction. At the same time, two lower instances did not see malicious intent in the applicant's actions, considering him a bona fide buyer. The Supreme Court put an end to the case. A year before the initiation of insolvency proceedings and two years before the company was declared bankrupt and bankruptcy proceedings...

Creditors of a bankrupt bank won a lawsuit against the DIA

The Arbitration Court of the North-Western District considered the case on the complaint of creditors against the liquidator - in the applicants' opinion, he did not take proper measures to collect the debt. It was about the bankruptcy of a credit institution, the bankruptcy trustee of which was approved by the Deposit Insurance Agency (DIA). The lenders insisted that the bankruptcy trustee had missed the opportunity to reclaim the drilling rigs transferred but not paid for under the sale and...

DISTRICT COURT RECOGNIZED THE TRUSTEE’S RIGHT TO REIMBURSEMENT OF THE COST OF PLANE TICKETS

The bankruptcy trustee applied to the court with a claim for compensation of his expenses on plane tickets. The flights were necessary for carrying out actions in the framework of the insolvency case. The court of first instance satisfied the claim and the ruling was canceled by the appeal. The cassation pointed out the mistakes made by the three judges and canceled the ruling of the second instance. The position of the Arbitration Court of the city of Moscow boiled down to the right of a bankruptcy...

THE SUPREME COURT OF RUSSIA EXPLAINED THE PROCEDURE FOR INVOLVING THIRD PARTIES TO HELP THE BANKRUPTCY TRUSTEE

The Supreme Court considered the complaint of one of the creditors, who remained dissatisfied with the rulings issued by the lower courts. The issue concerned the claim of the trustee for payment of remuneration to the organizer of the auction in excess of the established limit. The courts considered this measure to be correct, referring to the decision taken at the meeting of creditors, as well as to the market value of the organizer's services and the complex specifics of the lots sold. However...

THE SUPREME COURT OF RUSSIA ALLOWED TERMINATION OF LEASE AGREEMENT OUT OF BANKRUPTCY CASE

The Supreme Court of Russia considered a complaint on the court decisions of lower instances, which left the claim for termination of the lease agreement without consideration. The reason for this decision was the need to file an application in the framework of the defendant's insolvency case. The issue concerned the termination of a forest land plot lease agreement; the Forestry Committee of the Government of the Khabarovsk Territory acted as the lessor. The agreement was concluded prior to the...

THE SUPREME COURT OF RUSSIA HAS CLARIFIED THE PROCEDURE FOR SALE OF PLEDGED PROPERTY IN BANKRUPTCY

The Supreme Court of Russia has recently resolved a dispute between the tax office and the bankruptcy trustee. The question concerned the procedure for the sale of property pledged by the creditor. The trustee proposed to first use the funds to pay off the costs of the auction, then transfer most of the remaining amount to the pledge lender and pay off the legal costs with the rest of the money. The tax inspectorate insisted that, first of all, after the sale of real estate, the property and land...

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