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

... nothing to do with the company's activities, that he did not know where the requested documentation was and still would not be able to execute the judicial act. At the same time, the court of first instance satisfied the manager's claim, as well as the court of appeal. However, the district court took the situation differently, having recalled that the responsibility for the safety of the debtor's documentation still was his head’s responsibility, which is why he was obliged to prove the impossibility of presenting it to the manager. As a result, the case will now be reconsidered in the court of first instance (decision in case No. F09-8491 ...

DISTRICT COURT FOUND NO VIOLATIONS IN THE INCREASED PRICE OF DEBT REDEMPTION

... judges pointed out that the applicant had not disclosed his economic justification for acquiring the right of claim against the debtor at an increased price. At the same time, at the time of consideration of the application, it was already known that the debtor had no property, and the case was at the stage of bringing the persons controlling him to subsidiary liability. Having rejected the procedural succession, the courts suspected the failed creditor of obstructing the normal course of the bankruptcy case and bad faith. As for the district court, its board found no such circumstances, having indicated the right of both parties to conclude an assignment agreement and to transfer the right of claim to the debtor. Moreover, the agreement concluded between the parties was not challenged ...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... considering the validity of the application, the court received 2 payment orders, confirming the fact of partial repayment of the debt in the amount of 19 thousand rubles. After that, the court of the first instance, the position of which was upheld by the court of appeal, terminated the proceedings, having indicated that the amount was less than the minimum acceptable limit. Despite this, the district court expressed a diametrically opposite opinion, reminding the judges that in such a situation, they should have assessed the debtor's actions for abuse of the right, as well as checked his actual solvency ( decision in case No.A56-35673 / 2020 dated January 15, 2021).

WHAT TO DO IF FILING OF BANCRUPTCY CLAIM IS PREMATURE

... day after publication, but on the 14th day. This fact did not bother the judge of the court of first instance, but was noticed by the appeal and the ruling on the acceptance... ... of the application for proceedings was canceled. Then the creditor complained to the district court, referring to the fact that the technical error he made did not affect... ... any way. The second creditor, who also published a statement of intent to drive the debtor into bankruptcy in the UFRI, did so a day later than the applicant. Thus, his...

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