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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 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 ... ... collateral creditor in almost full. A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation

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 ...

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

... duties assigned to him. In particular, the court of first instance took into account the actions of the manager to limit the debtor's ability to extract income from the use of his property bypassing the bankruptcy procedure, including filing a lawsuit with the court to recover accounts receivable from the company, the sole participant ... ... the amount of fixed remuneration to 300 thousand rubles, limiting themselves to a list of standard measures carried out by the arbitration manager. In the case under consideration, the arbitration manager also failed to prove that the measures he carried ...

IMPORTANT CHANGES IN THE BANKRUPTCY LAW

A number of significant amendments have been made to the Insolvency Law. In particular, now a citizen's spouse and relatives can be involved in bankruptcy. Now the arbitration manager has the right to receive data on the assets of the debtors' spouses without going to court. In addition, the arbitration manager can find out information about the property and other relatives of the bankrupt. It will be possible to do this in court, but without a direct hearing. Also, the former or current ...

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 that today there is an administrative responsibility for obstructing the actions of the Arbitration Manager. He added that if suddenly there ...

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

... losses that were inflicted by Vasev in the period from November 7, 2017 to December 19, 2018, when he performed the duties of the bankruptcy trustee of Leader Plus (case No. A07-16218/2015). The amount of losses amounted to more than 5 million. At the moment,... ... 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 ...

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 ...

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

In the framework of the bankruptcy case No. A46-7683/16, the debtor and his spouse applied to the court for recovery of damages from the arbitration manager. In the joint ownership of the spouses there was real estate sold by the manager at auction. Justifying their application, the spouses pointed out that, following the completion of the debtor's bankruptcy procedure, all property ...

THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

... are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos". So, its founder was obliged to pay for the bankruptcy procedure of the company. The company filed for its own bankruptcy in November 2018. The Arbitration Court of the Arkhangelsk Region initiated a case and in December introduced a monitoring procedure. But the debtor did not have the funds to conduct bankruptcy, and in April 2019 the case was discontinued. Natalia Savelyeva, appointed manager, could not receive payment for the procedure and in January 2020 sued 140.4 thousand rubles from the debtor. At the ...

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