Search

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

The Arbitration Court of the North-West District 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 ...

CONSTITUTIONAL COURT OF RUSSIA WILL CONSIDER A CASE ON ‘SLAVORY’ OF THE DEBTOR IN BANKRUPTCY

... examination of the constitutionality of part 6 of Art. 213.25 of the Law on Insolvency. The rule of law provides for the right of a bankruptcy trustee to conduct cases on property disputes on behalf of a citizen declared bankrupt. The applicant believes that ... ... salary. Chepkasov cites a situation when the trustee refused to initiate the process of collecting wages as an example, and the debtor himself was not entitled to do it by law. Thus, the debtor falls into slavery of the bankruptcy trustee, which "is ...

THE SUPREME COURT OF RUSSIA DID NOT ALLOW THE WITHDRAWAL OF THE DEBTOR'S ASSETS IN BANKRUPTCY

... the concluded transactions were interconnected and could well pursue a common interest, in particular, the withdrawal of the debtor's assets just before the bankruptcy. Having established a connection between the participants in legal relations, and also recalling that the price of ... ... estate was still different from the market price, the Supreme Court of Russia canceled the decisions made by the lower courts (ruling in case No. 308-ES18-14832 (3.4) of December 28, 2020).

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 with ...

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

The case on the challenge of actions of the bankruptcy trustee and recovery of damages from him was referred to the arbitration ... ... boiled down to the fact that the legal entity that sold the right to claim against the debtor and the debtor himself were affiliated persons. Consequently, upon establishing... ... 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 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 of the case. The judges indicated that the actions of the manager had never ...

THE DISTRICT COURT RECOGNIZED THE DEBTOR'S RIGHT TO INSTALLMENT PAYMENT OF DEBT

... 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 to the impossibility of a one-time execution and the presence of a number of financial difficulties. His arguments boiled down to the significance ...

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

... moratorium, having indicated that it was impossible in the case under consideration. The debtor company, in support of its position, referred to the presence of retail trade... ... highest court recalled that when considering the issue of extending the moratorium on bankruptcy, the main Classifier of Types of Economic Activity is taken into account... ... 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...

DISTRICT COURT NAMED A PERSON RESPONSIBLE FOR SAFETY OF THE DEBTOR’S DOCUMENTS

The district court has recently considered a case on the application of the bankruptcy manager for coercion to transfer the debtor's documentation to him. Usually the head of the bankrupt company acts as the defendant in such cases, but in the case under consideration, the situation was different. The manager turned his claims to the liquidator of the organization, to which ...

THE SUPREME COURT OF RUSSIA SUMMED UP THE RESULTS OF IMPOSITION OF MORATORIUM ON BANKRUPTCY

The moratorium on bankruptcy, which was introduced in the spring of 2020, provoked many questions in law enforcement activity. This led to a kind ... ... Court of Russia, which consolidated a number of important theses. Some of them are here in our selection. 1. The law allows a debtor included in the list of companies subject to the moratorium to be declared bankrupt in a situation where this debtor is ...

Sorted by relevance | Sort by date