Search

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

... 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 to the debtor. The courts of the ...

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 of the case. The judges indicated that the actions of the manager had never ...

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 ...

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 estate as executed,...

The court called for detailed consideration of cases of recovery of penalty in bankruptcy

The complaint of a bankruptcy trustee, who was dissatisfied with the position of the appeal instance, was transferred for consideration to the district court. In his appeal, the trustee stated that three judges did not consider the fact that the director of debtor did not provide the necessary documentation to the him as proven and therefore refused to recover the penalty. Initially, the question concerned simply the transfer of documents to the trustee, in connection with which the he went to court with ...

THE SUPREME COURT OF RUSSIA: LEASE RIGHT CANNOT BE TRANSFERRED WITHIN THE FRAMEWORK OF BANKRUPTCY OF UNITARY ENTERPRISE

When considering the bankruptcy case of a state unitary enterprise, its manager initiated a discussion of the issue of transferring lease rights to the debtor. The courts of three instances, having found no violations, agreed with the applicant, but the Supreme Court of Russia expressed disagreement with the opinion of the colleagues. The position of the manager, which was supported by the lower courts,...

Sorted by relevance | Sort by date