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

... debtor in 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

... transaction was challenged, and the property was returned to the bankruptcy estate. Then the house and the plot were put up for auction by the manager, and according to the results of the public offer, a purchase and sale agreement was concluded. The debtor unsuccessfully tried to challenge the result of the auction, and then applied to the court for the exclusion of the property from the bankruptcy estate due to the presence of executive immunity. The application was granted by the court of first instance, but this approach was not shared by the higher courts, which overturned the ruling, refusing to satisfy the application and noting ...

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 ...

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 ...

Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children

... Russian State Register employees to obtain the relevant data through arbitration. In case No. А56-6326 / 2018, Sergey Rassvetov was declared bankrupt. Since the insolvent citizen had not only a spouse, but also several sons (born in 1998 and 2006), the bankruptcy trustee made a conclusion that the debtor could hide part of the assets by registering them for children, who did not have their own source of income. After Gulyaev received refusals from three courts, he decided to apply to the Supreme Court. The Judge Denis Kapkaev, apparently, got interested in a legal conflict, and the documents were submitted to the economic board for consideration. Unexpectedly for many, Themis listened to the arguments ...

The court named the reasons for the decrease in bankruptcy trustee’s remuneration

... complaint of the creditor, from whom the lower courts recovered the bankruptcy trustee’s remuneration. The applicant disagreed with this state of affairs and challenged the decisions, which the district considered premature. The question concerned a bankruptcy case of a debtor, in the course of which the trustee first asked the court to discontinue the proceedings, citing insufficient funds, and then demanded that the applicant in the bankruptcy process pay remuneration for the work done in his favor. When considering the case, the courts of the first and appeal instances came ...

DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOVERY OF DAMAGES FROM THE BANKRUPTCY TRUSTEE

The Arbitration court of the Urals District considered the complaint of the former bankruptcy trustee of the debtor in the case of recovering losses from him. The applicant applied to the court with a demand to recognize the previously issued order to recover the losses in connection with the return of part of the property to the bankruptcy estate as executed,...

THE SUPREME COURT OF RUSSIA ALLOWED TERMINATION OF LEASE AGREEMENT OUT OF BANKRUPTCY CASE

... right to lease a land plot, was included in the bankruptcy estate. According to the judges, without this right, the alienation of the debtor's property complex within the framework of the sale of his property will inevitably lead to a decrease in the bankruptcy estate and affect the interests of creditors. When considering the complaint, the board of the supreme court of Russia indicated that the lease right in this case could not be considered as an asset of the debtor, since its transfer to another person would require the consent of the lessor, and he, in turn, expressed his intention to terminate the concluded agreement. Consequently, the lenders had no expectation that the lessor would allow a land lease ...

DISTRICT COURT NAMED A PERSON RESPONSIBLE FOR SAFETY OF THE DEBTOR’S DOCUMENTS

The district court has recently considered a case on the application of the bankruptcy manager for coercion to transfer the debtor's documentation to him. Usually the head of the bankrupt company acts as the defendant in such cases, but in the case under consideration, the situation was different. The manager turned his claims to the liquidator of the organization, to which ...

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

... Government of the Russian Federation has approved a bill setting a deadline for the 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 ...

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