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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 ...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... not 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 ...

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 ...

Supreme Court of Russia did not accept the claim of the ‘Children of GULAG’ to the State Duma

... Constitutional Court of the Russian Federation, which confirmed the right of the plaintiffs to receive housing in the settlements from which their families had previously been exiled. The judgment was issued two years earlier and became known as the ruling of the ‘children of GULAG’ Justifying its decision, the Supreme Court of Russia pointed to the independence of the three branches of power in Russia: legislative, to which the State Duma belongs, executive and judicial, to which belongs the Supreme Court of Russia. This principle is enshrined in the Constitution and ...

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 ...

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

The District Court considered the creditor's complaint against the 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 ...

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 ...

The court canceled amicable agreement due to the provisions on subsidy liability

The Arbitration Court of the North Caucasian District considered the case on the complaint of one of the creditors, who expressed dissatisfaction with the terms of the amicable agreement concluded with the debtor. The document was signed by two majority creditors and ...

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

The bankruptcy trustee applied to the court with a claim for compensation of his expenses on plane tickets. The flights 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 ...

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 a timely manner, but the court suspended the proceedings ...

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