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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 were the first to be filed by Tool Steel LLC, and the total amount of debt turned out to be to 335 thousand rubles. The ... ... 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 considered salary claims within the framework of the debtor's bankruptcy

The Arbitration Court of the North-West District considered the claim of the former employee of the debtor to include the debt under the employment contract in the register of creditors’ claims. At the same time, the bankruptcy trustee expressed disagreement with the claims and made an attempt to challenge the documents on which the applicant's arguments were based. The claims of the former employee of debtor were partially satisfied by the court of first instance,...

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

... 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 ... ... decisions. The applicant's arguments boiled down to the fact that the legal entity that sold the right to claim against the debtor and the debtor himself were affiliated persons. Consequently, upon establishing this fact, there were grounds for downgrading ...

When will the affiliation of creditor not become a reason for canceling the transaction?

The Supreme Court of the Russian Federation considered the case on the complaint of one of the debtor's creditors, who was not satisfied with the decisions issued by the lower instances. The issue concerned the inclusion of debt secured by three pledge agreements in the register. The debtor's bankruptcy trustee, in turn, insisted on the invalidity of the agreements. The courts of all three instances supported the position ...

Supreme Court of Russia indicated what the courts should take into account when including debts in the register of creditors’ claims

... at that time the debtor had already entered the surveillance. When considering the question of the validity of collecting debts from the guarantor in court, no objections were received from the latter. The combination of these circumstances led the creditor to the idea that the debt was formed intentionally, in order to gain control over the debtor's bankruptcy procedure. The Supreme Court of the Russian Federation agreed with such an opinion, pointing out that, when considering the issue of including a debt in the register of creditors’ claims, the courts should take into account the circumstances ...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... register of creditors’ claims. The applicants considered that the debt should be subordinated, as the judge at first instance considered. The Supreme Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register of creditors’ claims. It was formed as a result of the invalidation of the transfer of funds by the creditor in favor of the debtor with the recognition of the operation as compensatory ...

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 ...

District court outlined how to deal with debt on a promissory note in bankruptcy

The Arbitration Court of the North-Western District considered the complaint of the creditor, whose claim to include the debt into the register of creditors’ claims was rejected by the lower instances . The disputed debt was based on the issued promissory note, however, the courts considered the fact of the validity of the security ...

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

... the district considered premature. The question concerned a bankruptcy case of a debtor, in the course of which the trustee first asked the court to discontinue the... ... proceedings, citing insufficient funds, and then demanded that the applicant in the bankruptcy process pay remuneration for the work done in his favor. When considering... ... his activity should have justified its position. The result of consideration of the creditor's complaint was the cancellation of the issued judicial acts and the referral...

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