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District court pointed out the bad faith of debtor in bankruptcy

As part of the insolvency case of the debtor (an individual), one of his creditors challenged the decision of lower courts to release the bankrupt from his debt obligations in the district court. The applicant pointed out the unfair behavior of an individual and the lack of grounds for satisfying his claims in connection with this. When considering the issue, the representatives of the court of first instance and the court of appeal formally noted the failure to fulfil obligations associated with...

Court: what to do with an unfinished only housing of debtor

The case was referred to the Arbitration Court of the Ural District at the request of a financial manager. He asked the court to include the only housing of the debtor - a land plot and an unfinished house located on it, in the bankruptcy estate. The courts of the first and appeal instances took the side of the manager, considering that the debtor deliberately changed the place of registration to the house on the eve of initiation of his own bankruptcy case. In addition, the judges took into account...

The court stood up for a bona fide buyer of the bankrupt’s real estate

The Arbitration Court of the North-Western District considered the complaint of a citizen who purchased an apartment from an individual who was in the process of debt restructuring. The courts of two instances, at the initiative of a bankruptcy trustee, considered the transaction invalid, but the district did not agree with such a position. The property in question was purchased by the applicant with proceeds from the sale of three other real estate objects, including a plot of land. According...

District court resolved time zones issue when filing insolvency petition

The Arbitration Court of the Urals District considered the case on the complaint of the creditor, whose application was left without consideration by the lower instances. The question concerned the bankruptcy claim of the debtor, which was filed in one time zone, but accepted by the system in another. Initially, the creditor, in compliance with the law, published a statement of intention to drive the debtor to bankruptcy in the Unified Federal Register of Bankruptcy Information. This was done...

The court considered salary claims within the framework of the debtor's bankruptcy

The Arbitration Court of the North-West District considered the claim of the former employee of the debtor to include the debt under the employment contract in the register of creditors’ claims. At the same time, the bankruptcy trustee expressed disagreement with the claims and made an attempt to challenge the documents on which the applicant's arguments were based. The claims of the former employee of debtor were partially satisfied by the court of first instance, as well as the claim of the...

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...

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