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Supreme Court of Russia clarified the application of the law on holding bankruptcy trustees accountable

The Supreme Court of Russia clarified the issue of the admissibility of bringing bankruptcy trustees to administrative responsibility in a situation where they violate the procedure for distributing funds received from the sale of the subject of pledge. The legal position on this matter was consolidated in the ruling of the highest court this summer. The highest court indicated that the assessment of the situation had already been enshrined in paragraph 14 of the Review of Judicial Practice of...

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

The Economic Board considered the case on the complaint of a bankruptcy trustee and creditors of the debtor, who opposed the agreement concluded with a third-party organization on holding bidding within the framework of the debtor's insolvency case. At the same time, the company, which carried out the sale of the property of insolvent company, applied to the court with a claim for payment of remuneration due to it. The cases were combined into one procedure, the fate of which changed dramatically...

District Court gave a permission to remove bankruptcy trustee from his office due to inaction

The Arbitration Court of the North-West District considered the case on the complaint of one of the debtor's creditors, who asked to declare the bankruptcy trustee’s inaction illegal and remove him from his post. The courts of the first two instances found violations in the actions of the anti-crisis manager and satisfied the first part of the claim, however, the claim for the applicant's dismissal from his office was rejected. The question concerned the bankruptcy of the company, within the framework...

Court: the winner of the auction can challenge the actions of the manager as a defense

The Arbitration Court of the North-West District considered the complaint of the winner of the auction, with whom the contract for the sale and purchase of the property being sold within the framework of the bankruptcy case was not concluded. Instead of it, the organizer published an announcement about the cancellation of the auction, despite the fact that the procedure had already been carried out. The courts of first and appeal instances dismissed the applicant's claims, citing the lack of the...

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