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... 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 ...
Modified: 05.12.2021... established by law. The applicant published information about his intention to initiate the procedure, but appealed to the court with a corresponding request not on the 15th day after publication, but on the 14th day. This fact did not bother the judge of the court of first instance, but was noticed by the appeal and the ruling on the acceptance of the application for proceedings was canceled. Then the creditor complained to the district court, referring to the fact that the technical error he made did not affect the rights and interests of other interested parties in any way. The second creditor, who also published a statement of intent to drive the debtor into bankruptcy in ...
Modified: 08.23.2021Sorted by relevance | Sort by date