Search

THE COURTS HAVE NO RIGHT TO ARBITRARILY REDUCE THE REMUNERATION OF THE MANAGER

... of two instances partially satisfied the application, setting a percentage fee of 0.44% of the proceeds from the sale of the debtor's property. The district court sent the dispute for a new consideration and noted that the arguments of the financial manager that the courts did not assess that the financial manager had carried out a set of measures aimed at forming the bankruptcy estate and selling the debtor's property in order to obtain the maximum amount of revenue that can be used to repay creditors' claims deserve ...

THE COURT CANCELED AN INCREASE IN THE REMUNERATION OF A DEBTOR-DEVELOPER’S MANAGER

The bankruptcy manager of a debtor applied to the court with a demand to increase the fixed part of his remuneration in the framework of bankruptcy. The arguments were based on the fact that the volume of work is significant and is due to the complex requirements of creditors, the debtor had a large ...

THE SLUGGISH MANAGER GOT INTO LOSSES

The courts of the West Siberian Arbitration District considered a dispute on the recognition of the manager's inaction as illegal and the recovery of losses from him (case no. A45-19150/15). The creditor's secured claim was included in the register, the collateral items were sold at auction, but the manager did not transfer the money owed to the creditor ...

COURT SENTENCED BANKRUPTCY TRUSTEE TO 4 YEARS IN PRISON FOR UNSUCCESSFUL SALE OF APARTMENT

... causing damage. Its size was subsequently estimated at 3 million rubles. The case was investigated by the employees of the regional department of FSS, who established all the circumstances of the case. They carried out the necessary actions, and the court has already recognized the guilt of a trustee in embezzlement. The defendant was sentenced to four years in prison with the obligation to pay a fine of 500 thousand rubles, Komsomolskaya Pravda reports . The decision was issued under Part 4 of ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative ...

Supreme Court of Russia indicated when it is possible to reclaim the debtor's property from his head

The Economic Board considered the case on the application of a bankruptcy trustee to reclaim the vehicles belonging to the company from the former head of debtor. The courts of three instances took the side of the anti-crisis manager. However, the Supreme Court of the Russian Federation identified the mistake made and sent the dispute for reconsideration. The trustee’s arguments boiled down to the fact that the vehicles belonged to the debtor, but his head, did not transfer them to the bankruptcy estate,...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the ...

WHAT YOU SHOULD KNOW ABOUT TRANSITION FROM A SIMPLIFIED BANKRUPTCY PROCEDURE TO A GENERAL ONE

The Arbitration Court of the North Caucasian District considered the case on the request of the bankruptcy manager to transfer the debtor from the simplified bankruptcy procedure to the general one. The way of considering this application was thorny: the cassation proceeded in a second round and, nevertheless, the court rejected the claims. Initially, the ...

Sorted by relevance | Sort by date