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DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position 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 ...

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

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

... 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 ... ... that the legislation does not provide for the possibility of collecting debt from the controlling authority of the debtor. The District Court disagreed with this interpretation of the legal norm, indicating that if the debtor's property was insufficient ...

Modified: 09.28.2021
district court , bankruptcy trustee , remuneration , central bank , debtor , company bankruptcy , bankruptcy
Path: РусБанкрот - СМИ

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

The complaint of the former head of debtor, who did not agree with bringing him to subsidiary liability, was submitted to ... ... was necessary, however, this decision was considered erroneous in cassation. The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary... ... the trustee to be proven and brought the former head of debtor to justice, but the district court indicated that the conclusions were premature. It was noted by the cassation...

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