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

... 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... ... cession agreement. The District Court, considering the complaint, recalled that if the creditor has doubts about the correctness of the trustee’s actions, in particular, regarding... ... 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...

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

... considered the claim of the former employee 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 ...

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 any illegal actions in the framework ...

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

The Supreme Court of Russia considered the dispute on declaring the company insolvent. 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).

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

... fulfilled his obligations, and that the auction was approved by the debtor's pledged creditor. However, the Supreme Court of the Russian Federation considered this position... ... affiliation of the company that held the auction with a person who previously was the bankruptcy trustee of a debtor. This fact was not challenged in the course of the court... ... multimillion-dollar remuneration claim of the company that held the auction was rejected ( ruling of October 7, 2021 No. 305-ES16-20151 (14, 15) in case № A40-168854 / 2014).

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 ...

THE COURT: IT IS POSSIBLE TO RECOVER COURT FEES IN BANCRUPTCY

The Commercial Court of the Volgo-Vyatka Region has recently considered a case on the recovery of court fees incurred by the creditor within the framework of the debtor's bankruptcy. At the same time, the lower courts rejected the claims, but the applicant decided to look for the truth in the appeal and made the right decision. The costs consisted of payment for the services of lawyers, publication of the intention ...

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