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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 to choose a new manager from the same SRO by sending a corresponding request. However, the self-regulatory organization responded that none...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... satisfied with this state of affairs, since in such an action, he only saw an attempt to quickly complete the bankruptcy, but not the debtor's desire to pay off the 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 returned anything. Then the plaintiff applied to the court again, but this time with a statement of insolvency of his debtor. However, at the stage of considering ...

District court pointed out the bad faith of debtor in bankruptcy

As part of the insolvency case of the debtor (an individual), one of his creditors challenged the decision of lower courts to release the bankrupt from his debt obligations in the district court. The applicant pointed out the unfair behavior of an individual and the lack of grounds for satisfying his claims in connection with this. When considering the issue, the representatives of the court of first instance and the court of appeal formally noted the failure to fulfil obligations associated with...

The court called for detailed consideration of cases of recovery of penalty in bankruptcy

The complaint of a bankruptcy trustee, who was dissatisfied with the position of the appeal instance, was transferred for consideration to the district court. In his appeal, the trustee stated that three judges did not consider the fact that the director of debtor did not provide the necessary documentation to the him as proven and therefore refused to recover the penalty. Initially, the question concerned simply the transfer of documents to the trustee, in connection with which the he went to...

Court: what to do with an unfinished only housing of debtor

The case was referred to the Arbitration Court of the Ural District at the request of a financial manager. He asked the court to include the only housing of the debtor - a land plot and an unfinished house located on it, in the bankruptcy estate. The courts of the first and appeal instances took the side of the manager, considering that the debtor deliberately changed the place of registration to the house on the eve of initiation of his own bankruptcy case. In addition, the judges took into account...

Supreme Court of Russia indicated the right of a party to refuse the complaint

The Supreme Court considered the case within the framework of the insolvency of a legal entity. The bankruptcy of the company ended with the conclusion of a settlement agreement, the decision on the approval of which the bank tried to challenge. Having reached the Supreme Court of the Russian Federation, the appealer decided to drop the complaint, but two other participants in the process disagreed with this. When considering the cassation appeal, the Supreme Court of the Russian Federation received...

Russian judges banned from using obscene language

... boils down to the fact that the parties provide the secretary or assistant of judge with their positions, recorded on a pen drive and attached to the case materials or voiced in the session, and then these documents are copied and reflected in the court rulings. The Council of Judges noted that the absence of any analysis of the fragments used, accompanied by the transfer of errors and obscene language into the text of the judicial act, undermines the authority not only of a particular judge when considering ...

District court exempted the debtor from compensation for damages in road accident

The Arbitration Court of the Ural District considered the issue of exemption of the debtor-citizen from the fulfillment of monetary obligations to creditors in connection with insolvency. The lower courts concluded that such a provision could be applied, making an exception for damage caused by a road accident. However, the district court did not see any problems for writing the debt off in such a situation. Several circumstances served as the basis for filing an application for their own bankruptcy:...

The court clarified the specifics of recognizing financing as compensatory

The district court considered the case on the complaint of one of the creditors, who remained dissatisfied with the ruling issued by the court of appeal. It dealt with the inclusion of the claim of the appealer in the register of creditors’ claims, but the lower instance applied the provision on compensatory financing and downgraded the claims. The debt to the creditor ...

District Court: how to deal with a complaint of deceased person

... inheritance until the bankruptcy case is considered. Thus, the court's decision to suspend the bankruptcy case until the heirs receive certificates of the right to inheritance was not based on the rules of law and therefore is subject to cancellation ( ruling of October 20, 2021 in case No. A56-25285 / 2019).

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