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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 ...

When will the affiliation of creditor not become a reason for canceling the transaction?

The Supreme Court of the Russian Federation considered the case on the complaint of one of the debtor's creditors, who was not satisfied with the decisions issued by the lower instances. The issue concerned the inclusion of debt secured by three pledge agreements in the register. The debtor's bankruptcy trustee, in turn, insisted on the invalidity of ...

Supreme Court of Russia indicated what the courts should take into account when including debts in the register of creditors’ claims

The highest court considered the case on the complaint of one of the debtor's creditors, who expressed disagreement with the position of the lower instances. The judges consistently satisfied another creditor's claim to have the debt owed to him included in the register of creditors’ claims, despite the applicant's objections....

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

... the courts. As part of the debtor's insolvency, the bankruptcy trustee of the creditor filed a claim to include the restorative debt in the register of creditors’ claims. It was formed as a result of the invalidation of the transfer of funds by the creditor in favor of the debtor with the recognition of the operation as compensatory financing. The court of first instance, taking into account the affiliation of parties and their subordination to one beneficiary, satisfied the claim, included the debt in the register, having ...

Creditors driving the unique Tyazhstankogidropress plant to bankruptcy

The Arbitration court of the Novosibirsk Region is considering a case on declaring Tyazhstankogidropress plant PJSC bankrupt. The day before, the court found the creditor's claims justified and introduced a monitoring procedure for a period of six months. Financial claims against the debtor were the first to be filed by Tool Steel LLC, and the total amount of debt turned out to be to 335 thousand rubles. The application was submitted at the end of May this year. During this time, the tax inspection, Gazprom Mezhregiongaz Novosibirsk ...

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 ...

Supreme Court of Russia sided with the creditor in a situation of insufficient evidence

The highest court of Russia considered the complaint of one of the debtor's creditors, whose claim to be included in the register of creditors’ claims was rejected by the lower courts. The reason for this was the lack of the documents, confirming the debt and submitted by the applicant. However, the Supreme Court of Russia ...

DISTRICT COURT DECLARED THE RIGHT OF CREDITORS TO CONTROL THE BANKRUPTCY TRUSTEE

The issue of the possibility of creditors’ control over the actions of bankruptcy trustee was considered within the framework of the insolvency case of the debtor. At the same time, the opinions of the judges turned out to be different, and the district court put an end to the case, having agreed with the court of first instance. The issue concerned the inaction of a bankruptcy trustee, who did not take ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

... rejected the claims of the manager, citing the lack of proof of the relationship between the manager's fault and the damage caused. Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting the head of debtor, backing up his position with the same arguments. The court of first instance terminated the proceedings on the application, referring to the identity of the claims. However, the appeal and the district court unanimously concluded that the second ...

THE COURT: CREDITOR'S DOUBTS ABOUT ACCURACY OF PAYMENT OF CURRENT PAYMENTS MUST BE DISPELLED BY BANKRUPTCY TRUSTEE

... applicant's arguments boiled down to the fact that the legal entity that sold the right to claim against the debtor and the debtor himself were affiliated persons. Consequently, upon establishing this fact, there were grounds for downgrading the claims ... ... company that bought the rights under the cession agreement. The District Court, considering the complaint, recalled that if the creditor has doubts about the correctness of the trustee’s actions, in particular, regarding the settlement of claims, the trustee ...

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