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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 ...

Modified: 03.24.2021
district court , ruling , reclamation of documentation , debtor , head , responsibility , court , bankruptcy
Path: РусБанкрот - СМИ

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... satisfied with this state of affairs, since in such an action, he only saw an attempt to quickly complete the bankruptcy, but not the debtor's desire to pay off the debt. As it usually happens, first the creditor applied to the court, received a court ruling to recover 309 thousand rubles, then a writ of execution, but the defendant never returned anything. Then the plaintiff applied to the court again, but this time with a statement of insolvency of his debtor. However, at the stage of 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, ...

Modified: 02.16.2021
district court , ruling , third party debt repayment , abuse of right , debtor , bankruptcy , court
Path: РусБанкрот - СМИ

THE COURT: IT IS POSSIBLE TO RECOVER COURT FEES IN BANCRUPTCY

The Commercial Court of the Volgo-Vyatka Region has recently considered a case on the recovery of court fees incurred by the creditor within the framework of the debtor's bankruptcy. At the same time, the lower courts rejected the claims, but the applicant decided to look for the truth in the appeal and made the right decision. The costs consisted of payment for the services of lawyers, publication of the intention ...

Modified: 01.22.2021
court fees , recovery , bankruptcy , court , ruling , debtor , creditor
Path: РусБанкрот - СМИ

MISUSE OF LAW LED TO CANCELLATION OF JUDICIAL ACTS

The district court has recently considered a case on the complaint of one of the debtor's creditors. The applicant contested a number of unilateral real estate alienation transactions. The agreements were made by the future bankrupt in favor of his own grandchildren. The courts of the first and appellate instances rejected a claim ...

Modified: 03.04.2021
Commercial court , ruling , invalidation of the transaction , misuse of law , debtor , court , bankruptcy
Path: РусБанкрот - СМИ
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