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District court pointed out the bad faith of debtor in bankruptcy

... time of applying for the loan, the debtor provided false information regarding his income, and also did not take measures to repay the debt and did not disclose information regarding his earnings. The district court reminded its colleagues that the bankruptcy of a citizen is not an instrument of relief from the debt burden, but a compromise between the debtor and his creditors. The procedure enables conscientious citizens to get rid of unsustainable debt, but should not become a tool in the hands ...

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 ...

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

... during the mediation of the parties. At the same time, the potential debtor contested the claim, arguing that there were no 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, the creditor applied to the court with a demand to declare the guarantor insolvent, since he was jointly and severally liable ...

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 ...

The court refused to downgrade the claims in case of bankruptcy of an individual

... lower courts' orders to downgrade the priority of his claims in an insolvency case of individual. Applying the rule, the courts concluded that the debtor and the creditor were affiliated and downgraded the latter's claim. The question concerned the bankruptcy of an individual, whose mother applied to court with a claim to include the debt to her in the register of creditors’ claims. The creditor substantiated her position by mistakenly transferring 3 million rubles to her son's account and asked ...

District Court allowed an installment payment on amicable agreement in bankruptcy

... of fulfilling the conditions previously agreed by the parties, but the judicial board was adamant. We are talking about the bankruptcy of an individual who, as part of the procedure, entered into an amicable agreement with his creditors. However, subsequently,... ... lower instance that the court had no right to change the terms of the amicable agreement was also erroneous. As a result, the ruling of the court of first instance was upheld, and the ruling of the court of appeal was canceled (decision No. F09-7441 / ...

The court considered salary claims within the framework of the debtor's bankruptcy

... of the debtor to include the debt under the employment contract in the register of creditors’ claims. At the same time, the bankruptcy trustee expressed disagreement with the claims and made an attempt to challenge the documents on which the applicant's ... ... did not pay part of the salary to the employee. The result of the consideration of the complaint was the cancellation of the ruling of the court of appeal and the referral of the case for reconsideration to the court of second instance ( decision of August ...

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

... recovery of damages from him was referred to the arbitration court at the request of the creditor. The claim was filed because the bankruptcy trustee repaid current payments in favor of a third party. Obligations in this case followed from the contract of assignment ... ... to the incomplete investigation of the 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 July 22, 2021).

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... 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 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 creditor. The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not committed ...

THE DISTRICT COURT DID NOT RECOGNIZE THE FAULT OF BANKRUPTCY TRUSTEE IN THE INSUFFICIENCY OF BANKRUPTCY ESTATE

The Commercial Court of the North-Western District considered the case on recovering losses from the bankruptcy trustee. The claim was filed by one of the creditors, referring to the fact that the trustee did not challenge the exclusion of one of the debtor's creditors from the Unified State Register of Legal Entities. Thus, in the opinion of the initiator ...

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