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... that the bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and the creditor. The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not ... ... been contested - no complaints had been filed against him, he had not been disqualified or expelled from his SRO. However, the district court drew the attention of colleagues to the fact that, given the established affiliation of the parties with the trustee, the law and judicial practice allow his removal from the participation in the case....
Modified: 08.25.2021... instance saw no grounds for this, but the appeal court took the opposite position. The district court put an end to the case. The lender's statement was based on a loan... ... application. However, the appeal court canceled the ruling, having found the fact of affiliation between the parties to the transaction. The result of consideration in the... ... account by the appeal. First of all, the board recalled that only the fact that the debtor and the creditor were affiliated could not serve as a basis for subordination...
Modified: 04.26.2021Sorted by relevance | Sort by date