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District court allowed control of creditors over the debtor's expenses

... decision was canceled by the court of appeal, which indicated that the number of creditors' votes was insufficient. The judicial board designated the right to apply to court and to the bankruptcy trustee to resolve the disagreements that had arisen. The district court, in turn, noted that the spending of the debtor's funds should not be random. At the same time, earlier, the courts had already established the fact of violation of the procedure for approving the estimate of current costs. In the circumstances under consideration, the district court concluded ...

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 ...

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

... the only one, and the decision to alienate it was made due to the aggravation of the chronic illness of the debtor and the lack of sufficient funds to maintain the property. In addition, as indicated by the judges, at the time of the transaction, the debtor had not have signs of insolvency. But the district court did not agree with this position, indicating the following. First of all, in the opinion of the Board, the courts did not sufficiently investigate the question of whether the housing presented by the debtor was the only one. A letter of ...

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

... 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. As a result, the case will now be reconsidered in the court of first instance (decision in case No. F09-8491 ...

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

... to include the debt into the register of creditors’ claims was rejected by the lower instances . The disputed debt was based 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 case. The promissory note was originally issued to the applicant's father but later was inherited by his son. The courts of ...

How to invalidate a deal with the debtor's foreign real estate

... noted that the relevant agreement on the alienation of real estate was not submitted to the court. In addition, the case file contained an untranslated into Russian information extract from the company that was engaged in the search for property. The district court noted that this document could have shed light on the situation. Three judges also agreed on the necessity to involve guardianship authorities into the case and independently request the documents necessary in the Republic of Cyprus if the debtor evades requesting them. As a result, the decisions of the courts of first and appeal instances were canceled, the issue of challenging the donation of a foreign house will be reconsidered ( decision in case No. A40-181425/18 of March 15, 2022)....

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 ... ... 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

... 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

... 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 or invalidated, and there was no evidence of property damage to the rights of other creditors ( resolution No. Ф09-8154 / 14 of May 4, 2021).

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

... arbitration court. The court of the first 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 obligation. After the introduction of the ... ... number of theses that were not taken into 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 of the claims of the latter. As for the issuance ...

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