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

... in the case, noting that, taking into account the principle of procedural economy and the effectiveness of the administration of justice by the commercial court, when deciding whether there are grounds for termination of proceedings in the debtor's bankruptcy case, the procedural form of the creditor's appeal to the court for protection of his rights does not have legal significance: an application for recognition of 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 ...

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

... obligations and completed the procedure for the sale of property. The Court of Cassation did not share the position of the lower 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

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO, which proposed a new candidate. In the court of first instance, the claim was satisfied, but the appeal considered ...

Supreme Court of the Russian Federation indicated mistakes when liquidating a creditor

... which was subsequently liquidated. The court of first instance and the district court considered the liquidation of company to be a sufficient ground for excluding the debt from the register of creditors’ claims, but the court of appeal and the Supreme Court of the Russian Federation did not agree with this position. The application to remove the claim of liquidated creditor from the register was initiated by the bankruptcy trustee of the debtor, who considered that since the company did not exist, there was no debt to it. This position was supported by the judge of first instance, however, the appeal stated that since there was a concession of the demand, it ...

Supreme Court of Russia explained how to identify a fake creditor

... Supreme Court of Russia criticized the judges who refused to carry out an examination of the disputed documents and hear the arguments of the ex-head of the debtor company, who was not even included in the process as a witness. The ruling of the Supreme Court, according to legaltop.ru, turned out to be an instruction for identifying a fake creditor. The company ‘RealtService’ carried out the construction of the building of NUSR ‘MISiS’. In the course of the bankruptcy of the company, it turned out that it actually incurred serious expenses, having invested about 800 million of its own funds in construction, which must have been reimbursed from the budget and distributed among co-investors. And here, a creditor ...

The court named the reasons for the decrease in bankruptcy trustee’s remuneration

The Arbitration Court of the Moscow District considered the case on the complaint of the creditor, from whom the lower courts recovered the bankruptcy trustee’s remuneration. The applicant disagreed with this state of affairs and challenged the decisions, which the district considered premature. The question concerned a bankruptcy case of a debtor, in the course of which the trustee first ...

DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOVERY OF DAMAGES FROM THE BANKRUPTCY TRUSTEE

The Arbitration court of the Urals District considered the complaint of the former bankruptcy trustee of the debtor in the case of recovering losses from him. The applicant applied to the court with a demand to recognize the previously issued order to recover the losses in connection with the return of part of the property to the bankruptcy ...

THE SUPREME COURT OF RUSSIA ALLOWED TERMINATION OF LEASE AGREEMENT OUT OF BANKRUPTCY CASE

... right to lease a land plot, was included in the bankruptcy estate. According to the judges, without this right, the alienation of the debtor's property complex within the framework of the sale of his property will inevitably lead to a decrease in the bankruptcy estate and affect the interests of creditors. When considering the complaint, the board of the supreme court of Russia indicated that the lease right in this case could not be considered as an asset of the debtor, since its transfer to another person would require the consent of the lessor, and he, in turn, expressed his intention to terminate the concluded ...

THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

The manager applied to the court to challenge the debtor's payments in favor of the defendant (case no. A40-36209/21). The courts of two instances satisfied ... ... 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 ...

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

... (case no. A60-39837/14). The court of first instance refused to satisfy the claims, based on the fact that an application for lowering the priority of a tax claim filed more than eight years after the requirements 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 into force the act. Otherwise, it will be possible to consider the creditor's application for inclusion in the register in the presence of a judicial act that has entered into force, which established the size and priority ...

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