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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 ... ... 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 ...

THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

... instances satisfied the applications, pointing out that the disputed payments were made in the absence of a counter-provision on the part of the defendant. The cassation referred the dispute for reconsideration and noted 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 ...

IT IS NECESSARY TO REDUCE THE PRIORITY OF THE CREDITOR'S CLAIMS IN A TIMELY MANNER

The debtor's creditors appealed to the court with a request to resolve disagreements on the issue of accounting for tax claims on capitalized payments as part of not the first, but the third stage of the register (case no. A60-39837/14). The court of first instance refused to satisfy the ...

THE PRESENCE OF CREDITORS' STATEMENTS EXCLUDES THE TERMINATION OF BANKRUPTCY PROCEEDINGS IF ONE OF THEM IS UNFOUNDED

... 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 claims satisfying the conditions of the Bankruptcy Law are justified and included in the register of creditors' claims of the debtor, the bankruptcy proceedings are not subject to termination. The case materials confirm and establish ...

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

... collateral creditor, an appropriate guarantee is needed that allows not to release the pledgor from obligations to the collateral creditor upon completion of the procedure and in case of refusal by the authorized federal body to resume repayment of loan obligations or termination of the provision of funds to the debtor upon the occurrence of other events to realize the collateral object. With a different approach, namely, applied by the courts, taking into account the sanctions imposed on the debtor by the authorized federal body, the bank actually loses the right ...

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 ...

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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