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LOSSES WERE RECOVERED FROM THE ARBITRATION MANAGER FOR THE EXPLOITATION OF THE DEBTOR'S PROPERTY

In the bankruptcy case of Yug-Electroservice LLC, losses were recovered from the arbitration manager (AU) for the exploitation of the debtor's property (case no. A32-50483/2017). After the Yug-Electroservice company was declared bankrupt and bankruptcy proceedings were opened against it, the vehicle was transferred to the manager. In turn, the manager handed over the car for storage....

THE FEDERATION COUNCIL IS DISCUSSING THE RIGHT OF AN ARBITRATION MANAGER TO INTERVIEW BANKRUPT MANAGERS

Ilya Shevchenko, a judge of the Arbitration Court of St. Petersburg and the Leningrad Region, proposed to give arbitration managers (AU) the opportunity to interview the heads of debtors or their deputies about the reasons for the insolvency of companies. Shevchenko announced the need to make appropriate amendments to the Bankruptcy Law during a round table on a relevant topic in the Federation Council. Ilya Shevchenko stressed ...

THE ARBITRATION MANAGER WILL BE BANKRUPTED BY THE CAPITAL'S AVANGARD UNION

... entailing the deprivation of a citizen's right to housing) The Criminal Code OF the Russian Federation. The case is being considered by the Sverdlovsk District Court of Perm. Investigators believe that all of them were committed by Vasev in the status of an arbitration manager. Vasev's outstanding debt, listed on the FSSP website of the Russian Federation, is 7.7 million. About 500 thousand more are performing fees. It is known that the former arbitration manager is 37 years old. According to the registry office, he is the parent of two minor daughters,...

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

The arbitration manager appealed to the court with an application for the completion of the sale of the property. The debtor was released from obligations by two instances, however, the district court did not agree with the lower courts, canceled their judicial acts and sent the dispute for a new hearing (Resolution of the Arbitration Court of the Moscow Region dated ...

THE RECOVERY OF DAMAGES FROM THE ARBITRATION MANAGER DOES NOT INDICATE THE WILLFULNESS OF VIOLATIONS

As part of the bankruptcy proceedings, the arbitration manager was subject to compulsory insurance compensation for losses to the creditor. The insurer, based on this fact, filed a claim with the court for the recovery of material assets from him by way of recourse. During the trial, the claim ...

AU ASSOCIATIONS ARE THREATENED WITH BANKRUPTCY DUE TO A DEBT OF 26.1 MILLION

A message published by Alexey Nikolaev, the bankruptcy trustee of the Intarsia company, appeared on the Fedresurs website. In it, he stated that he intends to seek bankruptcy through arbitration of the Association of Arbitration managers (AAU) "Orion". The basis was a debt of 26.1 million rubles. The lawsuit between Nikolaev and AAU "Orion" began in November 2021. The bankruptcy trustee appealed to arbitration, demanding to recover from the organization 38.2 million rubles of compensation for losses caused ...

THE MANAGER UNDERSTATED THE VALUE OF THE DEBTOR'S PROPERTY AND WAS RESPONSIBLE FOR THE LOSSES

... this. The court of first instance refused to satisfy the claim. The appeal overturned the ruling, satisfying the application in part, which the district court agreed with. The courts concluded that the unfair and unreasonable actions (inaction) of the arbitration manager consist in underestimating the initial price of the debtor's real estate objects sold at auction, determined without taking into account the information known to him and without conducting a proper assessment. Photo: Freepik

IN NOVOSIBIRSK, AU IS ACCUSED OF FRAUD

Andrey Radko, who was approved in December 2022 for the role of financial manager in the bankruptcy case of entrepreneur Anatoly Matalyga, turned out to be a person involved in a criminal case. The investigation against him was launched on September 6, 2024 on charges of fraud (Article 159 of the Criminal Code of the Russian Federation). The basis for the process was the money withdrawn from Matalyga's bank account. According to Rossiyskaya Gazeta, according to investigators, Radko withdrew 664...

IN ORDER TO RECEIVE A STIMULATING REWARD IN A BANKRUPTCY CASE, THE MANAGER MUST TRY VERY HARD

... effective in terms of satisfying creditors' claims - the accounts payable were not repaid, since there was a change of creditors as a result of the assignment of rights (claims) and a settlement agreement was concluded between the sole creditor and the debtor, to which he objected the arbitration manager; the sale of the debtor's property, at the expense of which interest is paid, was not carried out.

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

... 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 votes at the creditors' meeting by a creditor affiliated with the debtor. Thus, according to the arguments of the cassation ...

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