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

... examination of the constitutionality of part 6 of Art. 213.25 of the Law on Insolvency. The rule of law provides for the right of a bankruptcy trustee to conduct cases on property disputes on behalf of a citizen declared bankrupt. The applicant believes that ... ... 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 ...

How to invalidate a deal with the debtor's foreign real estate

The Arbitration Court of the Moscow District considered the case based on the complaint of a debtor, whose transaction, at the request of a bankruptcy trustee, was declared invalid by the lower authorities. The trustee considered the rights of creditors violated in a situation of alienation of the bankrupt’s house in Cyprus in favor of his young daughter. Considering the application, the ...

Supreme Court of Russia resolved the dispute with the executive immunity of debtor

The Supreme Court of Russia considered the case on the complaint of a bankruptcy creditor of debtor. The applicant expressed disagreement with the position of the lower courts, which excluded the bankrupt's expensive real estate from the bankruptcy estate: it was a house with an area of over 300 sq.m., as well as the land plot on which it ...

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 need for rent, the area of the premises, the cost of living and a number ...

The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's ...

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