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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 ... ... relied only on the defendant's oral statements about the transfer of documents. No written evidence of this was presented to the arbitration court. In addition, according to the applicant, by canceling the decision to provide documentation, the court went ...

The court recognized the mediation agreement as the basis for the initiation of bankruptcy

The case on the claim to declare the guarantor under the mediation agreement insolvent was referred to the arbitration court. The applicant argued that there was a debt of six million, which was secured within the framework of an agreement ... ... grounds for initiating a case. The courts of two instances in the Chelyabinsk Region considered the issue of initiating a bankruptcy case on the basis of a mediation agreement certified by a notary. In connection with non-fulfillment of its conditions,...

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

A case to challenge the previously issued judicial acts was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position of the courts, which refused ... ... questioned the correctness of the colleagues' position. The arguments of the tax authorities boiled down to the fact that the bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE LIMITS OF MORATORIUM ON INITIATION OF BANKRUPTCY PROCEEDINGS

... One of the debtor's creditors initiated the case, and the court of the first instance accepted the application and initiated bankruptcy proceedings. However, in subsequent challenges of the claim in the appeal and district courts, the position was found ... ... National Classifier of Types of Economic Activity as well. The result of the consideration of the dispute was cancellation of two rulings and the initiation of a bankruptcy dispute ( decision No. 305-ES20-22243 of April 15, 2021).

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 ... ... writing the debt off in such a situation. Several circumstances served as the basis for filing an application for their own bankruptcy: the presence of debts to creditors (over 800 thousand rubles in total), as well as the disability of the applicant's ...

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

... proceedings until the debtor's successors entered the inheritance and received the relevant certificates. Later, the creditor and the bankruptcy trustee appealed to the court with a demand to resume the proceedings, but their claim was rejected. The motivation ... ... 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).

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 ...

DISTRICT COURT RECOGNIZED THE TRUSTEE’S RIGHT TO REIMBURSEMENT OF THE COST OF PLANE TICKETS

... were necessary for carrying out actions in the framework of the insolvency case. The court of first instance satisfied the claim and the ruling was canceled by the appeal. The cassation pointed out the mistakes made by the three judges and canceled the ruling of the second instance. The position of the Arbitration Court of the city of Moscow boiled down to the right of a bankruptcy trustee to reimburse all the expenses incurred in the course of insolvency case, subject to their documentary confirmation. The appeal did not accept this position, having indicated that the manager did not substantiate the need for the flights....

DISTRICT COURT SIXFOLD INCREASED THE REMUNERATION OF TRUSTEE

The arbitration court considered the claim of the interim manager on the determination of the amount of interest and the collection of remuneration for the bankruptcy trustee. The courts of the first two instances satisfied the claim, ruling to pay 60,000 rubles. However, the district court multiplied that figure by six and here's why. The fact is that the insolvency proceedings of the debtor were carried out by the manager in 2014. The anti-crisis manager announced his demands in ...

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