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WITHOUT BEING THE RECIPIENT OF THE PENSION, THE DEBTOR WILL NOT BE ABLE TO EXCLUDE IT FROM THE BANKRUPTCY ESTATE

The debtor applied to the court with an application for the financial manager's obligation to provide monthly subsistence allowance and alimony expenses in cash (case no. A56-78752/15). The courts of two instances excluded the cost of living from the bankruptcy estate at the expense of funds received by the debtor from the amount of the state disability pension monthly until the end of bankruptcy proceedings in the event of receipt of these funds in the bankruptcy estate. The rest of the application ...

SUSPICIOUS PAYMENTS BY THE DEBTOR DURING THE BANKRUPTCY PERIOD MAY INDICATE BAD FAITH

In the framework of the bankruptcy case of a citizen (No. A52-4948/19), the courts considered the issue of completing the sale of property. The courts of two instances released the debtor from obligations, referring to the fact that the signs of deliberate (fictitious) bankruptcy of the debtor were not identified, the circumstances indicating the abuse of the debtor's rights and other deliberately unfair behavior to the detriment ...

THE QUESTION OF WHETHER THE DEBTOR HAS THE STATUS OF A SERVICEMAN IS IMPORTANT IN BANKRUPTCY

The bank applied to the court to declare the citizen bankrupt (case no. A42-2100/23). The courts of two instances recognized the application as justified, after which the debtor's ex-wife appealed to the court with a cassation complaint against judicial acts. The district court sent the case for reconsideration and noted the following: • The Bank and the person not involved in the case, Rosvoenipoteka, do not deny that ...

REASONABLE OBJECTIONS OF THE COMPANY'S MANAGEMENT EXCLUDE BANKRUPTCY OF THE ABSENT DEBTOR

The tax service appealed to the court with an application for declaring the company bankrupt (case No. A41-45707/23). The courts of two instances introduced bankruptcy proceedings against the debtor under the simplified procedure of the absent debtor due to the inability to establish the location of the debtor, his property, to obtain information about the availability of funds belonging to him and other valuables held in accounts, in deposits ...

If the debtor has no income, it is impossible to exclude funds from the bankruptcy estate for the maintenance of dependents

As part of the bankruptcy case of a citizen (No. A01-1485/23), the bank applied to the court to resolve disagreements on the procedure for distributing funds paid to the debtor's adult daughter. The courts of two instances resolved the differences in favor of the defendant, referring to the fact that the debtor's adult daughter receives full-time education, is dependent on the debtor and does not have the opportunity ...

A PRIVATE SECURITY COMPANY INITIATED ITS BANKRUPTCY DUE TO A DEBT OF 30 MILLION

... evidence that the plaintiff had paid the state fee. To date, the arbitration has already received several petitions to enter into bankruptcy proceedings. On December 15, ICM LLC filed a corresponding application. Previously, the company acted as the legal ... ... Svetlana Badrutdinova. She went to court on November 15, 2023, pointing out that the private security company Borey had a salary debt of 420 thousand rubles. The plaintiff indicated that the organization had not paid the debt for seven months (from January ...

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 ... ... Arbitration Court of the Moscow Region dated November 21, 2023 in case No. A40-260040/20). In 2021, I.A. Polyakova was declared bankrupt, and a property sale procedure was introduced in her regard. In 2023, the procedure was completed. PJSC Bank Uralsib ...

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 SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the ... ..., referring the complaint to the board, noted that the conclusions of the courts on the need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the fact that the debtor was declared bankrupt ...

THE CO-OWNER OF ROSINTERBANK IS ON THE VERGE OF BANKRUPTCY DUE TO A DEBT OF 65.84 BILLION

... vicariously liable for almost $66 billion under the claim of the DIA. The state corporation, which performed the functions of the bankruptcy trustee, now demanded that Zakerov be declared bankrupt. The claim was submitted to the metropolitan arbitration on ... ... 2022, satisfied the creditors' claims in the amount of 29.2 billion rubles. At the same time, more than 40 billion rubles of debt obligations remained unpaid. The DIA State Corporation managed to bring Zakerov to subsidiary responsibility in August 2022....

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