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LOSSES WERE RECOVERED FROM THE ARBITRATION MANAGER FOR THE EXPLOITATION OF THE DEBTOR'S PROPERTY

In the bankruptcy case of Yug-Electroservice LLC, losses were recovered from the arbitration manager (AU) for the exploitation of the debtor's property (case no. A32-50483/2017). After the Yug-Electroservice company was declared bankrupt and bankruptcy proceedings ... ... register the car due to the restrictions imposed, which is why he terminated the contract. The founder filed an application to the court to recover damages from the manager. The latter, in a separate proceeding, recovered these losses in the form of fines from ...

THE ARBITRATION MANAGER WILL BE BANKRUPTED BY THE CAPITAL'S AVANGARD UNION

... of Article 159 (fraud committed by an organized group or on a particularly large scale or entailing the deprivation of a citizen's right to housing) The Criminal Code OF the Russian Federation. The case is being considered by the Sverdlovsk District Court of Perm. Investigators believe that all of them were committed by Vasev in the status of an arbitration manager. Vasev's outstanding debt, listed on the FSSP website of the Russian Federation, is 7.7 million. About 500 thousand more are performing fees. It is known that the former arbitration manager is 37 years old. According to the registry office, he is the parent of two minor daughters,...

THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS

The arbitration manager appealed to the court with an application for the completion of the sale of the property. The debtor was released from obligations by two instances, however, the district court did not agree with the lower courts, canceled their judicial acts and sent the dispute for a new hearing (Resolution of the Arbitration Court of the Moscow Region dated ...

THE MANAGER UNDERSTATED THE VALUE OF THE DEBTOR'S PROPERTY AND WAS RESPONSIBLE FOR THE LOSSES

In the framework of the bankruptcy case No. A46-7683/16, the debtor and his spouse applied to the court for recovery of damages from the arbitration manager. In the joint ownership of the spouses there was real estate sold by the manager at auction. Justifying their application, the spouses pointed out that, following the completion of the debtor's bankruptcy procedure, all property ...

THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

... funds to finance the procedure, then the founders are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos".... ... The Arbitration Court of the Arkhangelsk Region initiated a case and in December introduced a monitoring procedure. But the debtor did not have the funds to conduct bankruptcy, and in April 2019 the case was discontinued. Natalia Savelyeva, appointed ...

IN ORDER TO RECEIVE A STIMULATING REWARD IN A BANKRUPTCY CASE, THE MANAGER MUST TRY VERY HARD

The manager appealed to the court with an application for the establishment of a stimulating remuneration in the ... ... the court of first instance took into account the actions of the manager to limit the debtor's ability to extract income from the use of his property bypassing the bankruptcy... ... thousand rubles, limiting themselves to a list of standard measures carried out by the arbitration manager. In the case under consideration, the arbitration manager also failed...

AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

As part of the bankruptcy case (No. A40-36324/22), the tax service applied to the court for the dismissal of the arbitration manager. In refusing to satisfy the claim, the courts of two instances proceeded from the failure to provide evidence of the affiliation of the arbitration administrator with respect to the debtor and his creditor, and also took into account the absence of violations committed by him in the performance of the duties of the bankruptcy trustee of the debtor. The cassation sent the dispute for a new consideration, noting that the candidacy ...

THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

... the debtor. The cassation sent the dispute for a new review on the debtor's complaint and noted the following: • The debtor argued for the entry of the manager and the majority creditor into the executive body of the Self-Regulating Organization of Arbitration Managers. • In fact, from the arguments of the debtor given in the court of appeal, it follows that the majority creditor, being the arbitration administrator himself, proposed as a self-regulating organization exactly the SRO of which he is a member.

THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

... the debtor. The cassation sent the dispute for a new review on the debtor's complaint and noted the following: • The debtor argued for the entry of the manager and the majority creditor into the executive body of the Self-Regulating Organization of Arbitration Managers. • In fact, from the arguments of the debtor given in the court of appeal, it follows that the majority creditor, being the arbitration administrator himself, proposed as a self-regulating organization exactly the SRO of which he is a member.

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