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THE DISTRICT COURT RECOGNIZED THE DEBTOR'S RIGHT TO INSTALLMENT PAYMENT OF DEBT

The Arbitration Court considered the issue of the installment plan for the execution of a judicial act within the framework of a bankruptcy case. The claim was satisfied by the court of first instance and rejected by the second. The district court cancelled the ruling of appeal. The applicant was an individual, in respect of whom a decision to return the funds transferred by the debtor to the bankruptcy estate was previously made. The applicant applied to the court with a demand for an installment plan due to the impossibility of a one-time execution and the presence of a number of financial difficulties. His arguments boiled ...

DISTRICT COURT PUT AN END TO THE CASE ON SUBORTINATION OF CREDITORS’ CLAIMS

The case on subordination of the creditor's claims within the framework of the bankruptcy process was referred to the ... ... 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... ... 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...

THE DISTRICT COURT OPPOSED THE TRANSFER OF REAL ESTATE TO GRANDCHILDREN OF DEBTOR BY GIFT

... exclude the entire property complex from the bankruptcy estate, including land, the area of ​​which significantly exceeds the size of the building. As for the signs of insolvency, at the time of a transfer of real estate, according to the district court, there still were some. The creditor challenging the transaction was the bank with which the debtor entered into a surety agreement. At the same time, the main borrower was a company, in which the debtor was the only participant. At a time when the borrower has already begun to admit delays in fulfilling obligations and accumulate debts, its ...

District court outlined how to deal with debt on a promissory note in bankruptcy

The Arbitration Court of the North-Western District considered the complaint of the creditor, whose claim to include the debt into the register of creditors’ claims was rejected by the lower instances . The disputed ... ... on the issued promissory note, however, the courts considered the fact of the validity of the security to be unproven. The district court pointed out a number of errors and made a decision to reconsider the submitted application when considering the ...

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 of the 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 ...

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... with the position of the courts, which refused to to remove the manager from participation in the case. At the same time, the district court questioned the correctness of the colleagues' position. The arguments of the tax authorities boiled down to the fact 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 ...

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

... several circumstances at once. Among them, there were untimely transfer of the debtor's documentation, causing harm to creditors by a number of transactions and failure to file a bankruptcy petition in a situation where there was a debt to one of the creditors. The judges of the first and appeal instances considered the circumstances listed by the trustee to be proven and brought the former head of debtor to justice, but the district court indicated that the conclusions were premature. It was noted by the cassation that the argument about the untimely transfer of documentation requires verification, since on the basis of these documents the trustee challenged a number of ...

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

... 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 or invalidated, and there was no evidence of ...

THE DISTRICT COURT OUTLINED THE PECULIARITIES OF INVOLVEMENT THE APPRAISER IN BANKRUPTCY

... creditors. The applicant was not satisfied with the rulings adopted by the lower courts, by which the bankruptcy manager of the debtor was allowed to involve an appraiser to determine the value of the latter's property. The creditor considered that the manager was able to carry out the assessment himself, and there was no need to spend funds from the ... ... volume and heterogeneity of the property, a significant amount of movable property and its use for commercial purposes. The district court recalled that the involvement of additional forces on the part of the anti-crisis manager is possible only in a ...

THE COURT REJECTED LEGAL SUCCESSION AFTER SATISFYING ALL THE CREDITORS’ CLAIMS

... instance indicated that the substitution in bankruptcy can only be possible in a situation where the debt to the creditor was redeemed from him by a third party. At the same time, if the third party made a decision to pay off all the register claims of creditors, such an action entails the termination of the bankruptcy case and the debt relationship that has arisen between the debtor and the third party must be resolved outside of it. As a result, the district court rejected the legal succession made by the lower courts (judgment in case No. А40-118496 / 18 of November 10, 2020).

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