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Arbitration court clarified when it is necessary to pay off a bankrupt’s rental debt

The Arbitration Court of the Ural District explained that if the debtor's expenses for commercial rental of housing are recognized by the bankruptcy trustee or by the court as reasonable, they are subject to repayment within the framework of the current payments. To do this, it is necessary to take into account the ...

THE DISTRICT COURT RECOGNIZED THE DEBTOR'S RIGHT TO INSTALLMENT PAYMENT OF DEBT

The Arbitration Court considered the issue of the installment plan for the execution of a judicial act within the framework of a bankruptcy ... ... the ruling of appeal. The applicant was an individual, in respect of whom a decision to return the funds transferred by the debtor to the bankruptcy estate was previously made. The applicant applied to the court with a demand for an installment plan ...

The court removed non-residential premises from bankruptcy estate

The Arbitration Court of the Krasnodar Territory issued a ruling, according to which non-residential premises and a land plot were excluded from the bankruptcy estate of the debtor. The building was subject to the rule of executive immunity, with a proviso that the building was the only habitable property. As part of the bankruptcy case of an individual, his bankruptcy trustee applied to the court with a request to exclude ...

What property should be excluded from the bankruptcy estate

... estate, however, obligations to pay debts will not be written off from military personnel upon completion of the procedure until their full repayment. Another object that can be excluded from the bankruptcy estate is a land plot that was provided to the debtor as a measure of social support for large families. In relation to this property, the arbitration court has the right to apply the rule on the executive immunity of the only housing if the plot was provided to the family in order to improve housing conditions, if the family has no other housing, and the construction on the land plot has ...

The court called for detailed consideration of cases of recovery of penalty in bankruptcy

... trustee was also satisfied, but subsequently the decision of the court of first instance to recover a penalty from the head of debtor was canceled. The trustee, expressing disagreement with the position of the judges, justified his correctness by the fact ... ... relied only on the defendant's oral statements about the transfer of documents. No written evidence of this was presented to the arbitration court. In addition, according to the applicant, by canceling the decision to provide documentation, the court went ...

Azov Grain Company declares bankruptcy

An insolvency petition against Azov Grain Company LLC was filed with the Arbitration Court of the Rostov Region. The claim is based on the presence of debts in the amount of over 1 billion rubles. The debtor initiated the procedure on his own, but the creditors are likely to appear soon. At the moment, the claim has already been accepted for consideration, the issue of its validity will be considered at a session at the end of November. The company ...

‘TOP LEAGUE’ COMPANY FROM KRASNODAR FILES FOR BANKRUPTCY

The day before, the arbitration court introduced supervision in relation to ‘Chain of ‘Top Leage’ sports stores’ LLC. The case was initiated by ASICS RUS LLC. The amount of the debt claimed is 14.5 million of the principal debt and almost 3 million of penalties and fines....

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

A case to challenge the previously issued judicial acts was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position of the courts, which refused ... ... that the bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and the creditor. The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not ...

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 ...

THE COURT: PARTICIPATION IN THE CASE AS A THIRD PARTY IS NOT A GROUND FOR DOWNGRADING THE CLAIMS IN BANKRUPTCY

The Arbitration Court of the Moscow District considered the complaint of the creditor, the claims of which were downgraded by the lower courts due to affiliation with the debtor. As the basis for this, the fact of participation of the debtor and the creditor in another case as third parties was named. However, the district court did not agree with this interpretation of the law. The application for inclusion in the register ...

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