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The court considered salary claims within the framework of the debtor's bankruptcy

The Arbitration Court of the North-West District considered the claim of the former employee of the debtor to include the debt under the employment contract in the register of creditors’ claims. At the same time, the bankruptcy trustee expressed disagreement with the claims and made an attempt to challenge the documents on which the applicant's arguments were based. The claims of the former employee of debtor were partially satisfied by the court of first instance,...

CONSTITUTIONAL COURT OF RUSSIA WILL CONSIDER A CASE ON ‘SLAVORY’ OF THE DEBTOR IN BANKRUPTCY

... the right to independently apply to the court to get his own salary. Chepkasov cites a situation when the trustee refused to initiate the process of collecting wages as an example, and the debtor himself was not entitled to do it by law. Thus, the debtor falls into slavery of the bankruptcy trustee, which "is not provided for by any rule of law," reports TASS. The legal situation arose after a bankrupt citizen tried to collect unpaid wages in court. However, the court left the application without consideration, citing ...

THE SUPREME COURT OF RUSSIA DID NOT ALLOW THE WITHDRAWAL OF THE DEBTOR'S ASSETS IN BANKRUPTCY

... the case materials in detail, came to the opposite conclusion. According to the judges of the Supreme Court, the parties to the concluded transactions were interconnected and could well pursue a common interest, in particular, the withdrawal of the debtor's assets just before the bankruptcy. Having established a connection between the participants in legal relations, and also recalling that the price of real estate was still different from the market price, the Supreme Court of Russia canceled the decisions made by the lower courts ...

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 ...

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

... favor of the creditor was challenged, this restorative claim was subsequently included in the debtor's register. The court of first instance agreed with the arguments of the manager, noting that the defendant was obliged to apply to the court for bankruptcy of the debtor under his control no later than the date of entry into force of the ruling on the recognition of the transaction invalid. This approach was not shared by the appeal, noting that, even after the entry into force of the said judicial act, the debtor ...

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 ...

How the creditor’s inactivity affected the fate of debt in bankruptcy

Supreme Court of Russia considered a case in the framework of which one of the creditors made a request to include the claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position to be incorrect. Initially, the debt arose from a guarantee that was concluded between the creditor and the future bankrupt. Subsequently, the main borrower and the...

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

The Arbitration Court of the Ural District has published recommendations containing a number of issues of law enforcement in the field of insolvency law. One of them is the exclusion of certain categories of property from the bankruptcy estate of a debtor citizen. Among the objects that may not be included in such a list of property, there is a dwelling acquired at the expense of a targeted housing loan in a situation where the debtor is a military. Here the task of the court is to bring the issue ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO, which proposed a new candidate. In the court of first instance, the claim was satisfied, but the appeal considered ...

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