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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,...

Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims. According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable. Despite this, the lower instances considered that the assignment ...

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 asked the court to discontinue the proceedings, citing insufficient funds, and ...

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 estate as executed,...

THE SUPREME COURT OF RUSSIA: INTERIM MEASURES CANNOT BE LIFTED BY ARGUMENT OF INCONVENIENCE

The participant of the debtor in the framework of the insolvency case of the latter applied to the court with a demand to terminate the interim measures imposed on the property of his company. The courts of three instances satisfied the claim, but the Supreme Court of Russia pointed out the incorrect application of legal norms. The participant of ...

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

... 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 agreement. Consequently, the lenders had no expectation that the lessor would allow a land lease ...

DISTRICT COURT FOUND NO VIOLATIONS IN THE INCREASED PRICE OF DEBT REDEMPTION

In early May, the Court of Arbitration of the Urals District considered the case at the request of one of the creditors. The initiator of the process applied to the court for procedural succession under the assignment agreement between him and the previous creditor of the debtor. Initially, the claim in question arose at the Federal Tax Service, after which it was extinguished by an individual, and a procedural replacement was made. Then the creditor sold his right of claim to another individual, while the price of the ...

THE COURT: IT IS POSSIBLE TO RECOVER COURT FEES IN BANCRUPTCY

The Commercial Court of the Volgo-Vyatka Region has recently considered a case on the recovery of court fees incurred by the creditor within the framework of the debtor's bankruptcy. At the same time, the lower courts rejected the claims, but the applicant decided to look for the truth in the appeal and made the right decision. The costs consisted of payment for the services of lawyers, publication of the intention ...

WHAT TO DO IF FILING OF BANCRUPTCY CLAIM IS PREMATURE

... publication, but on the 14th day. This fact did not bother the judge of the court of first instance, but was noticed by the appeal and the ruling on the acceptance of the application for proceedings was canceled. Then the creditor complained to the district court, referring to the fact that the technical error he made did not affect the rights and interests of other interested parties in any way. The second creditor, who also published a statement of intent to drive the debtor into bankruptcy in the UFRI, did so a day later than the applicant. Thus, his right to file a bankruptcy petition against debtor still arose a day later. Considering the complaint, the district court agreed with the applicant, stating that, in ...

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