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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 ...

The court refused to downgrade the claims in case of bankruptcy of an individual

The District Court considered the creditor's complaint against the lower courts' orders to downgrade the priority of his claims in an insolvency ... ... courts concluded that the debtor and the creditor were affiliated and downgraded the latter's claim. The question concerned the bankruptcy of an individual, whose mother applied to court with a claim to include the debt to her in the register of creditors’ ...

THE COURT CALLED NOT TO DELAY WITH ENSURING MEASURES IN BANKRUPTCY

... court of first instance, the position of which was also supported by the court of the appeal, satisfied the application and prohibited the appointment of the first meeting of creditors. However, one of the debtor's creditors disagreed and challenged the court ruling. The clerk's arguments were that the ban on holding the first meeting of creditors violated the rights of the bankruptcy creditors themselves, and the applied security measure did not correspond to the goals and objectives of the bankruptcy proceedings. When the case was reconsidered by the district court, the board considered that the lower instances paid insufficient ...

THE COURT DID NOT APPRECIATE INACTION OF COLLEAGUES AND CANCELLED COURT RULINGS

The district court considered the complaint of a citizen whose bankruptcy proceedings were terminated by the court. The reason was the expiration of the procedural period for the appointment of a financial manager. Initially, there was a manager, but his powers were terminated ahead of schedule. After that, the ...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

An unexpected at first glance decision has been recently made by the Collegium of the Commercial Court of the North-Western District. The judges considered a case on challenging the decisions of the lower courts - the issue ... ... creditor, who was not satisfied with this state of affairs, since in such an action, he only saw an attempt to quickly complete the bankruptcy, but not the debtor's desire to pay off the debt. As it usually happens, first the creditor applied to the court, received a court ruling to recover 309 thousand rubles, then a writ of execution, but the defendant never returned anything. Then the plaintiff ...

ONE SHOULD NOT CHANGE HORSES IN MIDSTREAM: THE COURT REVERSED THE DECISION OF THE APPEAL TO CHANGE THE BANKRUPTCY MANAGER

The Commercial Court of the Far Eastern District has recently considered a case on the approval of the manager in the bankruptcy case of the debtor-citizen. As a result of consideration of the complaint, the decision of the appeal was canceled, indicating the mistakes that were made. The fact is that during their meeting, the creditors decided not to drive the debtor ...

Supreme Court of Russia indicated the right of a party to refuse the complaint

The Supreme Court considered the case within the framework of the insolvency of a legal entity. The bankruptcy of the company ended with the conclusion of a settlement agreement, the decision on the approval of which the bank tried to challenge. Having reached the Supreme Court of the Russian Federation, the appealer decided to drop the complaint, ...

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 ...

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 ...

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

... 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 indicated that the manager did not substantiate the need for the flights....

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