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District court exempted the debtor from compensation for damages in road accident

... of the debtor-citizen from the fulfillment of monetary obligations to creditors in connection with insolvency. The lower courts concluded that such a provision could be applied, making an exception for damage caused by a road accident. However, the district court did not see any problems for 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),...

District Court allowed an installment payment on amicable agreement in bankruptcy

... the court had no right to make adjustments to the amicable agreement concluded between the parties. The judicial board of the District Court reminded its colleagues that the creditor, who owns more than 25% of the total amount of debts under the transaction,... ... 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 / ...

DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE

... 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 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 ...

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

... case, the creditors did not receive the amount of the debt of the company excluded from the register. When considering the dispute, the opinions of the judges were different: the first and the second instances took the side of the applicant, but the district court supported the trustee. His arguments were that the applicant had not proved the fact of receiving funds from the creditor excluded from the Unified State Register of Legal Entities. In addition, the trustee referred to his lack of information ...

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 district court clarified the specifics of bringing the head of company to subsidiary liability

... insolvency procedure. Moreover, the court of appeal referred to the fact that at the time of the consideration of the application a decision had not yet been made in another case, within which the bankruptcy manager had requested the documents. However, the district court did not agree with this opinion and outlined a number of important theses. When considering cases of attracting head of company to subsidiary liability due to the lack of the required documentation, it is important to remember the burden ...

THE DISTRICT COURT OUTLINED THE PECULIARITIES OF INVOLVEMENT THE APPRAISER IN BANKRUPTCY

... Caucasian Federal District considered the case on the complaint of one of the creditors. The applicant was not satisfied with the rulings adopted by the lower courts, by which the bankruptcy manager of the debtor was allowed to involve an appraiser to determine ... ... volume and heterogeneity of the property, a significant amount of movable property and its use for commercial purposes. The district court recalled that the involvement of additional forces on the part of the anti-crisis manager is possible only in a ...

THE DISTRICT COURT OPPOSED THE TRANSFER OF REAL ESTATE TO GRANDCHILDREN OF DEBTOR BY GIFT

... made due to the aggravation of the chronic illness of the debtor and the lack of sufficient funds to maintain the property. In addition, as indicated by the judges, at the time of the transaction, the debtor had not have signs of insolvency. But the district court did not agree with this position, indicating the following. First of all, in the opinion of the Board, the courts did not sufficiently investigate the question of whether the housing presented by the debtor was the only one. A letter of ...

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 ...

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 ...

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