Search

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

... on the verdict, which confirmed the guilt of the captain in the precarious state of the ship. The court found out that the debtor had violated the rules of the safety of sea transport, as a result of which the damage was caused. Leaving a debt to the creditor, the courts justified this by causing harm by illegal actions of the debtor, but the board of the District court expressed a different opinion. Its judges recalled that the issue of releasing the debtor from the performance of obligations to ...

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

A case to challenge the previously issued judicial acts was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position of the courts, which refused ... ... position. The arguments of the tax authorities boiled down to the fact that the bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and the creditor. The lower courts, in turn,...

THE DISTRICT COURT RECOGNIZED THE DEBTOR'S RIGHT TO INSTALLMENT PAYMENT OF DEBT

The Arbitration Court considered the issue of the installment plan for the execution of a judicial act within the framework of a bankruptcy case. The claim was satisfied by the court of first instance and rejected by the second. The district court cancelled ...

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 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...

THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named. However, the district court ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE LIMITS OF MORATORIUM ON INITIATION OF BANKRUPTCY PROCEEDINGS

The Supreme Court of Russia considered the dispute on declaring the company insolvent. One of the debtor's creditors initiated the case, and the court of the first instance accepted the application and initiated bankruptcy proceedings. However, in subsequent challenges of the claim in the appeal and district courts, the position was found to be incorrect, ...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

... claims, having convinced three courts of lawfulness of his actions. In motivating their position, the judges proceeded from the fact that at the time of receipt of the notification of the offset of claims, the contractor already had other obligations to creditors, the claims of which were subsequently included in the register of creditors’ claims and have not been satisfied so far, which meant the preference of the interests of one creditor in relation to others. However, the Supreme Court took a different ...

Sorted by relevance | Sort by date