Search

The court considered salary claims within the framework of the debtor's bankruptcy

... by the presence of unresolved disagreements between the employee and the employer regarding the application of labor law. At the same time, in the case under consideration, the disagreements of the disputing parties arose from the insolvency of the debtor, who did not pay part of the salary to the employee. The result of the consideration of the complaint was the cancellation of the ruling of the court of appeal and the referral of the case for reconsideration to the court of second instance ( decision of August 24, 2021 in case № A13-7533 / 2017).

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

... estate. He asked for an installment plan for a period of three years, during which he could manage to pay the debt. The court of first instance found the arguments to be justified and the installment plan was granted. Then the appeal overturned the ruling, stating that the debtor's arguments were not grounds for satisfying the claims. What is more, the panel of judges noted that the fact that the applicant did not have funds for a one-time repayment of the claim could not become a reason for a refusal to satisfy it. Canceling ...

CONSTITUTIONAL COURT OF RUSSIA WILL CONSIDER A CASE ON ‘SLAVORY’ OF THE DEBTOR IN BANKRUPTCY

... formulation leads to financial slavery, since it does not give him the right to independently apply to the court to get his own salary. Chepkasov cites a situation when the trustee refused to initiate the process of collecting wages as an example, and the debtor himself was not entitled to do it by law. Thus, the debtor falls into slavery of the bankruptcy trustee, which "is not provided for by any rule of law," reports TASS. The legal situation arose after a bankrupt citizen tried to collect ...

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

The Arbitration Court of the Moscow District resolved the dispute between the creditor and the debtor. The issue concerned the alienation of real estate in favor of the grandchildren of the debtor. It included not only the housing, but also a land plot, a garage and outbuildings. The creditor considered this behavior unacceptable and challenged ...

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 ...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... the partial repayment of the debt by a third party. The initiator of the proceedings was the creditor, who was not 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 SUPREME COURT OF RUSSIA DID NOT ALLOW THE WITHDRAWAL OF THE DEBTOR'S ASSETS IN BANKRUPTCY

... the concluded transactions were interconnected and could well pursue a common interest, in particular, the withdrawal of the debtor's assets just before the bankruptcy. Having established a connection between the participants in legal relations, and also ... ... estate was still different from the market price, the Supreme Court of Russia canceled the decisions made by the lower courts (ruling in case No. 308-ES18-14832 (3.4) of December 28, 2020).

The court called for detailed consideration of cases of recovery of penalty in bankruptcy

... complaint of a bankruptcy trustee, who was dissatisfied with the position of the appeal instance, was transferred for consideration to the district court. In his appeal, the trustee stated that three judges did not consider the fact that the director of debtor did not provide the necessary documentation to the him as proven and therefore refused to recover the penalty. Initially, the question concerned simply the transfer of documents to the trustee, in connection with which the he went to court with ...

Supreme Court of Russia considered it unreasonable to involve a third-party organization in bidding

... fact of possible affiliation of the company that held the auction with a person who previously was the bankruptcy trustee of a debtor. This fact was not challenged in the course of the court hearings, but was not taken into account by the judges of lower ... ... invalid was recognized justified. The multimillion-dollar remuneration claim of the company that held the auction was rejected ( ruling of October 7, 2021 No. 305-ES16-20151 (14, 15) in case № A40-168854 / 2014).

District court named a key aspect in the termination of the bankruptcy case

The Arbitration court of the Moscow District considered the case on the complaint of one of the debtor's creditors against the decision to terminate the insolvency proceedings. The courts of the first and appeal instances considered it proven that the debtor's property was not available for further proceedings, but the district did not agree with ...

Sorted by relevance | Sort by date