Search

The court will consider new claims in the case of Natura Siberica

Last Thursday, three cases in which Natura Siberika LLC appears as a participant, were transferred to the arbitration court at once. In two cases the company acts as a plaintiff, in the third one - as a third party. At the moment, the claims have not been accepted for consideration yet, but it is known that in one of the cases, the first wife of the deceased ...

DISTRICT COURT RECOGNIZED THE TRUSTEE’S RIGHT TO REIMBURSEMENT OF THE COST OF PLANE TICKETS

The bankruptcy trustee applied to the court with a claim for compensation of his expenses on plane tickets. The flights were necessary for carrying out actions in the framework of the insolvency case. The court of first instance satisfied the claim and the ruling was canceled by the appeal. The cassation pointed out the mistakes made by the three judges and canceled the ruling of the second instance. The position of the Arbitration Court of the city of Moscow boiled down to the right of a bankruptcy trustee to reimburse all the expenses incurred in the course of insolvency case, subject to their documentary confirmation. The appeal did not accept this position, having ...

THE COURT: THE DEBTOR HAS THE RIGHT TO THE ONLY HOUSING, EVEN IF HE DOES NOT LIVE THERE

In the framework of the insolvency case of an individual, the arbitration court considered an application for exclusion of a residential building and a land plot as the only housing of a bankrupt citizen from the bankruptcy estate. At the same time, the courts of first and appellate instances rejected the claim, citing the lack of proof that the housing was the only one, as well as the debtor's attempt to withdraw this property from the bankruptcy estate. The deal was declared invalid, and the house ...

THE SUPREME COURT OF RUSSIA: INTERIM MEASURES CANNOT BE LIFTED BY ARGUMENT OF INCONVENIENCE

The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property of his company. The courts of three instances satisfied the claim, but the Supreme Court of Russia pointed out the incorrect application of legal norms. The participant of ...

THE SUPREME COURT OF RUSSIA LEGALIZED THE RIGHT OF BANKRUPTCY TRUSTEE TO KNOW THE RELATIVES OF PERSONS CONTROLLING THE DEBTOR

The Supreme Court of Russia considered the complaint of a bankruptcy trustee, whose application for receiving information about the close relatives of the persons controlling the debtor from the registry office was rejected. The position of the courts was that the ...

THE DEBTOR HAS A RIGHT TO DECIDE HOW TO GET HIS PENSION, SUMMED UP THE DISTRICT COURT

... filed a claim to change the procedure for paying the pension. Initially, the debtor received it using the services of a third party. The trustee asked to transfer the amount exceeding the subsistence level to the personal account of the debtor. The courts of the first two instances supported the applicant, but the District Court found this interpretation of the law to be incorrect. It was noted in the cassation that, according to the norms of the pension legislation, the pensioner has a right to ...

THE DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOGNITION OF PAYMENTS AS OPERATIONAL ONES

The Arbitration Court of the Urals District considered the claim of one of the debtor's creditors, who insisted on assigning a number of payments to the fifth priority instead of the fourth. However, the courts of the first two instances did not support the applicant's position and rejected his claim. The essence of the dispute boiled down to whether the disputed payments were operational for the debtor and his property. The courts of the first two ...

DISTRICT COURT SIXFOLD INCREASED THE REMUNERATION OF TRUSTEE

The arbitration court considered the claim of the interim manager on the determination of the amount of interest and the collection of remuneration for the bankruptcy trustee. The courts of the first two instances satisfied the claim, ruling to pay 60,000 rubles. However, the district court multiplied that figure by six and here's why. The fact is that the insolvency proceedings of the debtor were carried out by the manager in ...

ARBITRATION FEE - CURRENT REQUIREMENT

The applicant appealed to the court with a request to issue a writ of execution for the enforcement of the arbitral tribunal's decision. Leaving the application without consideration, the court of first instance proceeded from the existence of bankruptcy proceedings initiated against the interested person. The cassation sent the dispute for reconsideration, noting that, according to the decision of the arbitration court, the obligation to return the advance payment arose from the debtor on 07/24/2023, from the moment of termination of the contract for major repairs, that is, after accepting the application for declaring the debtor bankrupt. The applicant's ...

THE ARBITRATION SPOKE ABOUT THE RECOVERY OF LOSSES FROM SHAREHOLDERS IN THE FORM OF ADMINISTRATIVE FINES

... Bank of the Russian Federation brought the company to administrative responsibility with the accrual of fines. The courts, referring to the lack of evidence of the composition of the offense in the form of damages, refused to satisfy the claim. The Arbitration Court of the North Caucasus District annulled the judicial acts, sending the case for a new hearing. The court pointed to the fact that the company's non-payment of accrued fines does not affect the qualification of the actions of managers as losses. The courts had to investigate the actions of the managers for the presence of guilt and causality of these ...

Sorted by relevance | Sort by date