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

... the debtor as bankrupt or an application on the inclusion of claims in the register of claims of creditors of the debtor. If the court finds that the claims satisfying the conditions of the Bankruptcy Law are justified and included in the register of creditors' claims of the debtor, the bankruptcy proceedings are not subject to termination. The case materials confirm and establish by the court of appeal that the bank's claims are included in the register of creditors' claims of the debtor, among others. Considering that the size of these ...

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

... courts, annulled their judicial acts and sent the dispute for a new examination, indicating that not all necessary measures had 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 and Judicial Representation

How the creditor’s inactivity affected the fate of debt in bankruptcy

Supreme Court of Russia considered a case in the framework of which one of the creditors made a request to include the claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position ...

Creditors driving the unique Tyazhstankogidropress plant to bankruptcy

... Novosibirsk Region is considering a case on declaring Tyazhstankogidropress plant PJSC bankrupt. The day before, the court found the creditor's claims justified and introduced a monitoring procedure for a period of six months. Financial claims against the debtor ... ... year. During this time, the tax inspection, Gazprom Mezhregiongaz Novosibirsk LLC, as well as the debtor himself, who filed for bankruptcy, also announced their intention to participate in the case. The debt load, according to Tyazhstankogidropress's own ...

THE COURT: CREDITOR'S DOUBTS ABOUT ACCURACY OF PAYMENT OF CURRENT PAYMENTS MUST BE DISPELLED BY BANKRUPTCY TRUSTEE

The case on the challenge of actions of the bankruptcy trustee and recovery of damages from him was referred to the arbitration court at the request of the creditor. The claim was filed because the bankruptcy trustee repaid current payments in favor of a third party. Obligations in this case followed from the contract of assignment of the right of claim. When considering the claim, the courts of the first two instances rejected it, however, the ...

THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

... 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

... complaint that such actions significantly violate the rights of the authorized body, which throughout the bankruptcy proceedings procedure was deprived of the opportunity to participate in the management of the creditors' community, which is carried out by bankruptcy creditors of the third stage, due to the satisfaction of claims in a preferential manner. An arbitrary change in the order led to the occurrence of uncompensated losses of the authorized body in the form of deprivation of the right to manage the affairs ...

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

... apartment, is carried out within the framework of the NIS for military personnel. In the case under consideration, the basis for resuming repayment of obligations on a loan obtained using a targeted housing loan is the exclusion of an apartment 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 upon completion of the procedure and in case of refusal by the authorized federal body to resume repayment of loan obligations ...

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

... higher courts satisfied the claim, noting that the funds were received on the basis of a subsequently canceled judicial act on the inclusion of the claim in the register, therefore, the amounts received are unjustified payments subject to return to the bankruptcy estate. The Supreme Court referred the defendant's complaint to the board, emphasizing the following: "The defendant insists that when reviewing the judicial ruling on the inclusion of his claim in the register, the validity of the debt ...

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

... Enterprise Binaka Soybean Processing Plant, specializing in the production of animal feed. The parties did not agree on the period for which the debtor's tax obligations should be repaid with the help of funds from the sale of mortgaged property. The bankruptcy trustee and the collateral creditor considered that only those taxes that were accrued during the period when Binaki was in the bankruptcy process (since June 2018) are paid off as a priority. In addition, penalties should not be repaid as a matter of priority due to the sale of ...

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