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District court allowed control of creditors over the debtor's expenses

... and the lack of a current estimate of expenses impeded the control over the funds spending. The court of first instance established that the creditors' committee was formed from representatives of the tax service, which was the main creditor of the debtor. At the same time, it was in no hurry to take an active part in voting on the approval of the disputed cost estimate. In such a situation, the court considered it possible to transfer the issue of approving the estimates to the meeting of the debtor's ...

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,...

The Supreme Court of Russia canceled the conclusion of amicable agreement due to the negligence of judges

... agreement in the proceedings related to the insolvency case. The lower courts did not see any violations of the applicant's rights, but the Supreme Court sided with the bank. The dispute arose against the background of the bankruptcy of an individual. The debtor citizen was a member of the company with 100% of the shares, which was sold by him to a third party. The bankruptcy trustee challenged the deal and succeeded in declaring it invalid, but before the entry of the judicial act into the force, the ...

SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

The Economic Board considered a dispute between bankruptcy trustee and the debtor's creditor. The trustee demanded that the car purchased under the sale and purchase agreement be transferred back to the bankrupt in connection with the termination of the agreement. The creditor objected, recalling that he had not received his ...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

... (bankrupt company) and the customer. The courts of three instances sided with the applicant, but the Supreme Court of Russia rejected his claim him. The essence of the dispute arose as a result of the parties' performance of a contract, under which the debtor undertook to perform a certain amount of contract work. Under the terms of the agreement, the customer paid the contractor an advance. The contractor received the funds, but fulfilled his duties only by a third. Having considered a part of the ...

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