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District court clarified what to do with a participatory who was late with his claims

... inclusion in the RTK. In this case, the deadline for submitting applications is associated precisely with the receipt of the manager's notification, and the reason for a delay can be recognized as a valid excuse, and the deadline may be restored. The district court also recalled the position of the Supreme Court of Russia, according to which, even if the procedural deadline is missed, the creditor has the right to its restoration, provided that it was missed not because of his fault. The result of the consideration of the case was the cancellation of the ...

District Court indicated when the director’s subsidiary liability may be reduced

... property of the debtor, which could have affected the amount of claims against him. Refusing to satisfy the application, the court of first instance indicated that the sale of a part of the debtor's property is not newly discovered circumstances. The ... ... creditors. In this regard, the revealed property would not affect the amount of subsidiary liability in any way. However, the district court looked at the situation differently, recalling that the amount of subsidiary liability of the former director of ...

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

... time, at the time of consideration of the application, it was already known that the debtor had no property, and the case was at the stage of bringing the 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 ...

DISTRICT COURT NAMED A PERSON RESPONSIBLE FOR SAFETY OF THE DEBTOR’S DOCUMENTS

... nothing to do with the company's activities, that he did not know where the requested documentation was and still would not be able to execute the judicial act. At the same time, the court of first instance satisfied the manager's claim, as well as the court of appeal. However, the district court took the situation differently, having recalled that the responsibility for the safety of the debtor's documentation still was his head’s responsibility, which is why he was obliged to prove the impossibility of presenting it to the manager....

THE COURT SET OUT THE RIGHT TO PROCEDURAL SUCCESSION OF INSIGNIFICANT DEBT

The District Court considered the complaint of an individual who acquired a debt in the amount of 105 rubles 42 kopecks from one of the debtor's creditors under a contract of assignment of the right to claim. The lower courts rejected the application, considering that there was no economic feasibility in the transaction for the applicant, but the district court did not support this opinion. Initially, there was a controversial debt to the tax inspectorate, but later it was paid off by an individual (assignor under an assignment agreement). After a while, the debt was again assigned to the applicant ...

THE COURT CALLED NOT TO DELAY WITH ENSURING MEASURES IN BANKRUPTCY

... prohibited the appointment of the first meeting of creditors. However, one of the debtor's creditors disagreed and challenged the court ruling. The clerk's arguments were that the ban on holding the first meeting of creditors violated the rights of the bankruptcy ... ... measure did not correspond to the goals and objectives of the bankruptcy proceedings. When the case was reconsidered by the district court, the board considered that the lower instances paid insufficient attention to the rules of the law, which provide ...

THE COURT DID NOT APPRECIATE INACTION OF COLLEAGUES AND CANCELLED COURT RULINGS

The district court considered the complaint of a citizen whose bankruptcy proceedings were terminated by the court. The reason was the expiration of the procedural period for the appointment of a financial manager. Initially, there was a manager, but his powers were terminated ahead of schedule. After that, the court of the first instance first made an attempt ...

THE COURT CANCELED AN INCREASE IN THE REMUNERATION OF A DEBTOR-DEVELOPER’S MANAGER

... acts in cassation. The appealer drew the court's attention to the fact that the decision to increase the amount of the manager's remuneration taken at the meeting of creditors was subsequently canceled. What is more, the trustee did not submit to the court evidence that he performed a larger amount of work than in the ordinary bankruptcy of the debtor-developer. When considering the complaint, the judges of the district court recalled that an increase in remuneration is possible in a situation of a combination of a number of circumstances: in case there is an appropriate decision of the meeting of creditors or a petition of the persons participating in the case; ...

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

... considering the validity of the application, the court received 2 payment orders, confirming the fact of partial repayment of the debt in the amount of 19 thousand rubles. After that, the court of the first instance, the position of which was upheld by the court of appeal, terminated the proceedings, having indicated that the amount was less than the minimum acceptable limit. Despite this, the district court expressed a diametrically opposite opinion, reminding the judges that in such a situation, they should have assessed the debtor's actions for abuse of the right, as well as checked his actual solvency ( decision in case No.A56-35673 / 2020 ...

ONE SHOULD NOT CHANGE HORSES IN MIDSTREAM: THE COURT REVERSED THE DECISION OF THE APPEAL TO CHANGE THE BANKRUPTCY MANAGER

... manager. Despite this, the court's decision was canceled by the appeal in terms of the manager's approval, and sent for reconsideration in the Commercial Court of the Khabarovsk Territory. Having made such a decision, the board pointed out that the court not only did not consider the issue of appointing the manager on the merits, but also made a decision without taking into account the opinion of the debtor's creditors. However, the district court disagreed with this position, indicating that the change of the manager in the bankruptcy case takes place taking into account the opinion of creditors in the situation of a change in the bankruptcy procedure, as well as upon the removal ...

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