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District court clarified what to do with a participatory who was late with his claims

The Arbitration Court of the North-Western District considered the case on the complaint of the creditor, who was dissatisfied with the rulings made by the lower instances. In them, the judges rejected the applicant’s claims to restore the deadline he had missed for filing a claim for inclusion in the register of creditors’ claims and, as a consequence, the inclusion itself. However, the district court assessed the situation differently, reminding colleagues that in the case under consideration...

BANKRUPTCY OF A CAPTAIN: THE COURT HAS CLARIFIED WHAT TO DO IF THE SHIP ‘HAS SUNK’ AND THE CAPTAIN IS GUILTY

In the framework of the case of bankruptcy of the ship's captain, the courts considered the issue of releasing him from further performance of obligations. The captain was released by the first two instances, but obliged to pay the debt for compensation for damage of the ship that had fallen into disrepair. However, the District Court did not agree with this conclusion. The debt was formed to the company that owned the ship, and the captain was found guilty of its disrepair. The debt amounted to...

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

The complaint of the former head of debtor, who did not agree with bringing him to subsidiary liability, was submitted to the Arbitration Court of the North-West District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision was considered erroneous in cassation. The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary liability and referred to several circumstances at once. Among them, there...

WHAT TO DO IF FILING OF BANCRUPTCY CLAIM IS PREMATURE

The Arbitration Court of the Volgo-Vyatka region considered the creditor's complaint against the ruling of a lower court. The appealer referred to the incorrect application of the rules of law in the refusal to accept the bankruptcy petition with the violation of the procedural time limit established by the law. The fact is that the petition to declare the debtor bankrupt was filed a day earlier than it was established by law. The applicant published information about his intention to initiate...

MADE HASTE AND LOST MILLIONS OF RUBLES: DISTRICT COURT RECOVERED DAMAGES FROM BANKRUPTCY TRUSTEE

The Arbitration Court of the North-Western District considered an interesting case on recovering losses from the bankruptcy trustee in the framework of the debtor's insolvency case. The initiator of the process was the tax authority, and the basis for such measures was the premature settlement of the anti-crisis manager on behalf of the debtor. The district court considered the manager's actions premature and recovered damages from him. Initially, the dispute began with the fact that the bankruptcy...

THE COURT REJECTED THE TRUSTEE’S CLAIM TO TRANSFER BANKRUPTCY PROCEDURE FROM SIMPLIFIED TO A GENERAL ONE

The Arbitration Court of the North Caucasian District considered the case on the complaint of the tax authority. The inspectorate, being a creditor in the framework of the insolvency case, challenged the decisions of the lower courts, which transferred the bankruptcy procedure from a simplified procedure to a general one at the request of the bankruptcy trustee. The fact was that the case was initiated by the tax authority, which applied to court to declare the company insolvent as part of the...

DISTRICT COURT POINTED OUT THE RIGHT OF CREDITORS TO ELECT A TRUSTEE

The Arbitration Court of the North-Western District considered the complaint of one of the creditors. The applicant expressed dissatisfaction with the fact that the lower courts independently chose the trustee, having deprived the creditors of their legal right. The district court, in turn, sided with the appealer, having considered the conclusions of colleagues to be incorrect. At first, the situation developed according to a completely standard scenario: in the process of considering the debtor's...

ARTIFICIAL INTELLIGENCE SYSTEM STARTED WORKING IN ONE OF THE RUSSIAN COURTS

In the Belgorod region, the artificial intelligence system started to issue court orders at several sites of Justices of the Peace. The regulations concern tax arrears on property, transport and land. At the same time, modern technologies are designed only to facilitate the work of a judge, documents prepared in this way, nevertheless,...

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