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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

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

... inclusion of a creditor's claim in the register does not provide any guarantees of its subsequent satisfaction, and therefore it is necessary to establish a balance of interests of the creditor and the debtor. Such a balance, according to the Supreme Court, can be ensured by granting the creditor the right to an alternative choice between two options: keeping the property or transferring it to the debtor's bankruptcy estate with the establishment of a collateral status. Despite the fact that the text of the judicial act does not directly say this, we are talking about collateral legal relations in relation to both situations. In the first case, the creditor ...

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 ...

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

The manager and the debtor appealed to 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 ...

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 manager held a meeting of creditors in spite ...

AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

As part of the bankruptcy case (No. A40-36324/22), the tax service applied to the court for the dismissal of the arbitration manager. In refusing to satisfy the claim, the courts of two instances proceeded from the failure to provide evidence of the affiliation of the arbitration administrator with respect to the debtor and his creditor, and also took into account the absence of violations committed by him in the performance of the duties of the bankruptcy trustee of the debtor. The cassation sent the dispute for a new consideration, noting that the candidacy of the Arbitration Manager came from the self-regulating organization of arbitration managers, whose election was voted by a majority of ...

THE NAME OF THE LENDER CAN SPEAK VOLUMES

In the framework of the bankruptcy case (No. A52-5909/22), the creditor filed an application for inclusion of the claim in the debtor's register. The courts of two instances refused to satisfy the application, based on the fact that the assignment of rights (claims) under the consumer loan agreement could only be carried out to a person who meets the requirements of the law, but the creditor is not ...

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