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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 any illegal actions in the framework ...

Modified: 08.25.2021
arbitration court , debtor , creditor , affiliation , bankruptcy trustee , district court , ruling , bankruptcy
Path: РусБанкрот - СМИ

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 ...

Modified: 08.19.2021
court , bankruptcy , corporate bankruptcy , debtor , creditor , bankruptcy trustee , recovery of losses , bankruptcy estate
Path: РусБанкрот - СМИ

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

... subsidiary liability, was submitted to the Arbitration Court of the North-West District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision was considered erroneous in cassation. The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary liability and referred to several circumstances at once. Among them, there were untimely transfer of the debtor's documentation, causing harm to creditors by a number of transactions and failure to file a bankruptcy petition in a situation where there was a debt to one of the creditors. The judges of the first and appeal instances considered the circumstances listed by the trustee to be proven ...

Modified: 08.24.2021
district court , cassation , court order , bankruptcy , debtor , creditor , subsidiary liability , bankruptcy trustee
Path: РусБанкрот - СМИ
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