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5 YEARS PROBATION: BANKRUPTCY TRUSTEE CONVICTED OF COMMERCIAL BRIBERY

The Oktyabrsky District Court of Vladimir found guilty of commercial bribery of the bankruptcy trustee of the bankrupt construction company "Independent Construction Company-33". This is stated on the website of the instance. The manager was sentenced to five years in prison on probation with a probation period of four years....

Bankruptcy trustees from Stavropol sued over commercial bribery

... the press service of the regional prosecutor's office reports. Their property for 5 million rubles was arrested, including transport and the real estate they own. Each of the defendants was sentenced to a fine of 4 million rubles. The court deprived bankruptcy trustees of the opportunity to hold managerial positions in any commercial organization for 3 years. At the same time, the court verdict itself has not yet entered into force and can be appealed by lawyers.

Bankruptcy trustee convinced the Supreme Court of Russia of fictitiousness of transaction due to data of the Federal Tax Service

The Supreme Court considered the complaint of a bankruptcy trustee, who was dissatisfied with the rulings issued by the lower courts. The question concerned the claim of one of the creditors, which the latter asked to include in the register of creditors’ claims. The lower courts did not see this ...

Supreme Court of Russia recalled that bankruptcy trustee may be suspended due to mistakes in another case

The highest court considered the case at the request of the Federal Tax Service, which the lower courts refused to satisfy: the tax authorities insisted on the removal of a bankruptcy trustee from his duties in the debtor's bankruptcy case. When considering the application, the tax authority indicated that the trustee could no longer hold office and must have left the position because he had been removed from another insolvency ...

The court recovered remuneration for a bankruptcy trustee from the Central Bank of Russia

The Arbitration Court of the Urals District considered the case on the complaint of the trustee, who did not receive part of the remuneration due to him. The anti-crisis manager honestly carried out the bankruptcy proceedings, but received only a part of payment for his services: the debtor simply ran out of funds. Then the trustee applied to court to recover the missing amount from the Central Bank, since the regulator initiated the bankruptcy proceedings and was the controlling body in relation...

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... of the courts, which refused to to remove the manager from participation in the case. At the same time, the district court questioned the correctness of the colleagues' position. The arguments of the tax authorities boiled down to the fact that the bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and the creditor. The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not committed ...

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

The Arbitration court of the Urals District considered the complaint of the former bankruptcy trustee of the debtor in the case of recovering losses from him. The applicant applied to the court with a demand to recognize the previously issued order to recover the losses in connection with the return of part of the property to the bankruptcy ...

THE SUPREME COURT OF RUSSIA CLARIFIED WHEN BANKRUPTCY TRUSTEE IS NOT LATE TO DEMAND A PAYMENT OF REMUNERATION

The Economic Board considered the complaint of the bankruptcy trustee of debtor, whose claim for payment of remuneration was consistently denied by the courts due to missing the procedural deadline. At the same time, the highest court saw no grounds for this, indicating that in the case under consideration,...

THE SUPREME COURT OF RUSSIA ALLOWED BANKRUPTCY TRUSTEES TO REQUEST INFORMATION ABOUT PRE-FORECLOSURE TRANSACTIONS OF DEBTORS

The Supreme Court of Russia pointed to the possibility of sending personal inquiries to government agencies about pre-foreclosure transactions concerning the debtor's property for bankruptcy trustees. This will not only shorten the procedure time, but also simplify the process of challenging transactions. Such a question arose in the framework of the insolvency case of Alliance-Stroy LLC, the information on transactions with ...

THE DISTRICT COURT DID NOT RECOGNIZE THE FAULT OF BANKRUPTCY TRUSTEE IN THE INSUFFICIENCY OF BANKRUPTCY ESTATE

The Commercial Court of the North-Western District considered the case on recovering losses from the bankruptcy trustee. The claim was filed by one of the creditors, referring to the fact that the trustee did not challenge the exclusion of one of the debtor's creditors from the Unified State Register of Legal Entities. Thus, in the opinion of the initiator ...

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