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The court clarified the specifics of recognizing financing as compensatory

The district court considered the case on the complaint of one of the creditors, who remained dissatisfied with the ruling issued by the court of appeal. It dealt with the inclusion of the claim of the appealer in the register of creditors’ claims, but the lower instance applied the provision on compensatory financing and downgraded the claims. The debt to the creditor ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... of the case, the application for recognition of the agreement concluded with a third party on organization of bidding as invalid was recognized justified. The multimillion-dollar remuneration claim of the company that held the auction was rejected ( ruling of October 7, 2021 No. 305-ES16-20151 (14, 15) in case № A40-168854 / 2014).

District Court gave a permission to remove bankruptcy trustee from his office due to inaction

The Arbitration Court of the North-West District considered the case on the complaint of one of the debtor's creditors, who asked to declare the bankruptcy trustee’s inaction illegal and remove him from his post. The courts of the first two instances found violations in the actions of the anti-crisis manager and satisfied the first part of the claim, however, the claim for the applicant's dismissal from his office was rejected. The question concerned the bankruptcy of the company, within the framework...

District court named a key aspect in the termination of the bankruptcy case

The Arbitration court of the Moscow District considered the case on the complaint of one of the debtor's creditors against the decision to terminate the insolvency proceedings. The courts of the first and appeal instances considered it proven that the debtor's property was not available for further proceedings, but the district did not agree with this position. Considering the case, the lower instances referred to the absence of the debtor's property necessary for conducting the procedure, as...

Court: the winner of the auction can challenge the actions of the manager as a defense

The Arbitration Court of the North-West District considered the complaint of the winner of the auction, with whom the contract for the sale and purchase of the property being sold within the framework of the bankruptcy case was not concluded. Instead of it, the organizer published an announcement about the cancellation of the auction, despite the fact that the procedure had already been carried out. The courts of first and appeal instances dismissed the applicant's claims, citing the lack of the...

The court canceled amicable agreement due to the provisions on subsidy liability

The Arbitration Court of the North Caucasian District considered the case on the complaint of one of the creditors, who expressed dissatisfaction with the terms of the amicable agreement concluded with the debtor. The document was signed by two majority creditors and contained, among other things, a refusal to bring the controlling debtor to subsidiary liability. The court of first instance was not confused by such a state of affairs, and it claimed that the document contained no violations of...

DISTRICT COURT DECLARED THE RIGHT OF CREDITORS TO CONTROL THE BANKRUPTCY TRUSTEE

The issue of the possibility of creditors’ control over the actions of bankruptcy trustee was considered within the framework of the insolvency case of the debtor. At the same time, the opinions of the judges turned out to be different, and the district court put an end to the case, having agreed with the court of first instance. The issue concerned the inaction of a bankruptcy trustee, who did not take any action to convene a meeting to approve the cost estimate for the insolvency procedure. The...

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 of the case, the creditors did not receive the amount of the debt of the company excluded from the register. When considering the dispute...

THE COURT: TRUSTEE HAS A RIGHT TO REAPPLY FOR INSTALLMENT

The Arbitration Court of the Ural District found it possible for a trustee to reapply for the provision of an installment plan for the execution of the judicial act. An important factor in approval of such a position was the circumstances that changed at the time of the first application. Initially, the anti-crisis trustee applied to the court to approve the amount of interest on his own remuneration for conducting the debtor's insolvency procedure. The demand was satisfied, and the trustee received...

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