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THE PRESENCE OF CREDITORS' STATEMENTS EXCLUDES THE TERMINATION OF BANKRUPTCY PROCEEDINGS IF ONE OF THEM IS UNFOUNDED

The creditor appealed to the court with an application for declaring the debtor bankrupt (case No. A41-27427/23). Having established the presence of signs of insolvency in the debtor and the failure to provide evidence of the impossibility of applying bankruptcy - debt restructuring procedure against the debtor (the debtor's lack ...

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

... Arbitration Court of the Moscow Region dated November 21, 2023 in case No. A40-260040/20). In 2021, I.A. Polyakova was declared bankrupt, and a property sale procedure was introduced in her regard. In 2023, the procedure was completed. PJSC Bank Uralsib ... ... been taken. The sale of a real estate object, even at cadastral value, would allow meeting the requirements of the collateral creditor in almost full. A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy ...

CREDITORS MAY BE CHARGED LOSSES FOR AN UNPROFITABLE BANKRUPT TRANSACTION

Losses for a transaction involving a recognized insolvent enterprise can be collected not only from its bankruptcy trustee, but also from creditors who approved it. The corresponding definition is contained on the website of the Supreme Court of Russia. The court came to such conclusions during the bankruptcy proceedings of the Vyborg Timber Corporation, which belonged to Vyborg Ltd. ...

CREDITORS WILL BE ABLE TO DECIDE THE FATE OF THE PARTIALLY PAID FOR BANKRUPT GOODS

... of the equipment. In case of non-payment of 20% of the cost of the goods, the contract provided for the possibility of the supplier retaining the elevators on storage conditions. The plaintiff paid for the goods partially, after which he was declared bankrupt, and the claim for payment of the remaining cost, as well as the costs of storing the goods, were included in the register. The plaintiff, believing that the inclusion of the creditor's rights in the register is already secured, filed a lawsuit with the court. As a result of its consideration, the courts of three instances refused to satisfy the claims with reference to the conditional fulfillment of the obligation (delivery ...

THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

... absence of a counter-provision on the part of the defendant. The cassation referred the dispute for reconsideration and noted that in the present case, the courts had not established whether the debtor had obligations (both with and without due date) to creditors during the period of making disputed payments, whose claims were then included in the register of creditors' claims. The bankruptcy trustee's statement on challenging the transaction also does not indicate whether the debtor has unfulfilled obligations to creditors during the disputed period.

IT IS NECESSARY TO REDUCE THE PRIORITY OF THE CREDITOR'S CLAIMS IN A TIMELY MANNER

The debtor's creditors appealed to the court with a request to resolve disagreements on the issue of accounting for tax claims on capitalized ... ... were established in the register of creditors of the debtor could not be considered as a separate dispute to be considered in a bankruptcy case, since such an application is related to circumstances previously established by a court decision that entered ...

THE RIGHTS OF A SECURED CREDITOR MUST BE RESPECTED WHEN EXCLUDING A SINGLE DWELLING

... the court with applications for the exclusion of the share in the debtor's ownership of real estate and apartments from the bankruptcy estate (case No. A73-1334/22). The courts of two instances refused to satisfy the manager's application, satisfying ... ... from the bankruptcy estate. However, in this situation, in order to protect the property interests of the bank as a collateral creditor, an appropriate guarantee is needed that allows not to release the pledgor from obligations to the collateral creditor ...

IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT

... court with a demand to recover unjustified enrichment and interest from the defendant (case no. A40-297720/22). The plaintiff and the defendant had mutual claims, partially offset by a settlement agreement. Subsequently, the plaintiff was declared bankrupt, and the outstanding part of the defendant's claim was included in the register. The manager transferred funds to the defendant in order to repay his claim, after which the determination on approval of the settlement agreement between the parties ...

THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

Due to the proceeds from the sale of the debtor's mortgaged property, taxes on such assets are repaid from the moment the mortgaged creditor began to benefit from its status. This can happen both at the very beginning of the bankruptcy case and at the observation stage, the Supreme Court determined. Such approaches were described by the judicial board for Economic Disputes of the Supreme Court of the Russian Federation in the framework of the bankruptcy case of Barnaul Scientific ...

IS IT POSSIBLE TO HOLD A CREDITORS' MEETING IN SPITE OF INTERIM MEASURES

In the framework of the bankruptcy case (No. A67-9495/22), creditors and the debtor appealed to the court to challenge the decision of the creditors' meeting and the actions of the interim manager. The courts of two instances satisfied the requirements, justifying their decision by the fact that the interim ...

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