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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 ...

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 ... ... 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 ...

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 ...

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 district court clarified the specifics of bringing the head of company to subsidiary liability

The Arbitration Court of the North-West District considered the case at the request of the bankruptcy manager of the debtor. The question concerned the attraction of the head of a bankrupt company to subsidiary liability due to incomplete transfer ... ... decision had not yet been made in another case, within which the bankruptcy manager had requested the documents. However, the district court did not agree with this opinion and outlined a number of important theses. When considering cases of attracting ...

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

... Caucasian Federal District considered the case on the complaint of one of the 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 ... ... 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 ...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... 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... ... plaintiff applied to the court again, but this time with a statement of insolvency of his debtor. However, at the stage of considering the validity of the application, the court... ... 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...

THE COURT: CREDITOR'S DOUBTS ABOUT ACCURACY OF PAYMENT OF CURRENT PAYMENTS MUST BE DISPELLED BY BANKRUPTCY TRUSTEE

... considering the claim, the courts of the first two instances rejected it, however, the district court found that the colleagues did not understand the situation sufficiently... ... 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... ... circumstances of case and mistakes made by the courts, the district court canceled the rulings and sent the case for reconsideration ( ruling in case № A56-63013 / 2015 of...

THE COURT: THE AMOUNT OF BANKRUPT’S PROPERTY SALE FEE SHOULD BE FIXED

The case, in which the financial manager of the debtor and the pledged lender could not come to a common opinion, has recently been transferred for consideration of the Commercial ... ... to consider such a payment option. But in the case under consideration, no special conditions were given, and therefore the district court did not find grounds for satisfying the claims of the pledged lender (decision in case No. A40-154344 / 2019 of ...

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