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CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

In the framework of the bankruptcy case (No. A40-34123/19), the courts considered the application of the manager for bringing the former director of the debtor to subsidiary liability. In support of the application, the manager referred to the fact that in the framework of the bankruptcy case of one of the debtor's creditors, the transaction on the transfer of funds by the debtor in favor of the creditor ...

Modified: 02.09.2023
bankrupt , bankruptcy , subsidiary liability , court , debt , debtor
Path: РусБанкрот - СМИ

THE SUPREME COURT OF THE RUSSIAN FEDERATION MAY RECONSIDER ITS POSITION ON THE ONLY HOUSING IN BANKRUPTCY

Complaints were submitted to the Economic Board against judicial acts on the refusal to exclude the debtor from the bankruptcy estate of a single dwelling (case no. A40-208133/19). The circumstances of the case are as follows: the debtor owned 2 real estate objects, one of which was pledged by the bank, which is why it was sold. And the debtor was left with only ...

Modified: 10.05.2022
bankruptcy , bankrupt , real estate , debt , court , debtor
Path: РусБанкрот - СМИ

DEBTORS WILL BE GIVEN THE OPPORTUNITY TO REQUEST THE RESUMPTION OF ENFORCEMENT PROCEEDINGS

... resumption of suspended enforcement proceedings – up to three years. The relevant draft was prepared by the Ministry of Justice pursuant to the decision of the Constitutional Court. As explained in the explanatory note, the proposed changes will give the debtor the opportunity to apply for the resumption of suspended enforcement proceedings. In addition, the bill makes it possible to exclude abuse by the recoverer. As the legislators noted, a number of grounds for suspending enforcement proceedings may ...

Modified: 10.17.2023
bankrupt , bankruptcy , debt , debtor , court , Ministry of Justice , law , enforcement proceedings
Path: РусБанкрот - СМИ
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