RusBankrot
We know everything about bankruptcy
17/12/2025
Wednesday
THIS DAY IN HISTORY:
17 December 
1970 The punishment for sodomy was introduced in the USSR.
1970 The first All-Union population census was carried out.
1970 the first All-Union population census was carried out.
1970 The first flight of the Wright brothers’ plane.
1970 the first flight of the Wright brothers plane.
17 December
1970 The punishment for sodomy was introduced in the USSR.
1970 The first All-Union population census was carried out.
1970 the first All-Union population census was carried out.
1970 The first flight of the Wright brothers’ plane.
1970 the first flight of the Wright brothers plane.
THE LACK OF FUNDS FOR THE ORGANIZATION OF AUCTIONS IS NOT A REASON FOR TERMINATION OF BANKRUPTCY
The manager applied to the court for termination of bankruptcy proceedings (No. A83-11046/19) due to lack of funds to finance the procedure.
In terminating the proceedings, the courts of the two instances proceeded from the fact that the debtor's current debt amounts to a certain amount, including remuneration and current expenses of the arbitration managers, payment of the persons involved and other expenses, given the absence at the time of the bankruptcy proceedings and the issue of termination of bankruptcy proceedings of the written consent of the applicant and other persons involved in fact, to finance the costs of the debtor's bankruptcy case.
The cassation refused to satisfy the application, noting that the conclusions of the courts were made without taking into account all the circumstances relevant to the correct resolution of the issue under consideration. If, based on the circumstances of the case, the lack of financing of bankruptcy proceedings does not prevent the issuance of a ruling on the completion of bankruptcy proceedings, the proceedings are not subject to termination.
According to the bankruptcy trustee's report, as of the specified date, the debtor's bankruptcy estate amounts to the amount of funds, the debtor's property has not been sold, and creditors' claims have been included in the register. At the same time, it is seen from the case materials and by the persons participating in the case, it is not disputed that the debtor has his own property.: ten production buildings, movable property - the main technological and auxiliary equipment of cognac production, raw materials, the book value of movable property is a certain amount.
The bankruptcy trustee's arguments about the lack of funds to organize the auction are rejected by the district court, since this issue has no legal significance for assessing the existence of grounds for termination of bankruptcy proceedings, given the significant amount of property to be sold. The impossibility of selling the property can only be confirmed by the results of the auction, which would indicate the absence of customer demand.
Photo: Freepik
In terminating the proceedings, the courts of the two instances proceeded from the fact that the debtor's current debt amounts to a certain amount, including remuneration and current expenses of the arbitration managers, payment of the persons involved and other expenses, given the absence at the time of the bankruptcy proceedings and the issue of termination of bankruptcy proceedings of the written consent of the applicant and other persons involved in fact, to finance the costs of the debtor's bankruptcy case.
The cassation refused to satisfy the application, noting that the conclusions of the courts were made without taking into account all the circumstances relevant to the correct resolution of the issue under consideration. If, based on the circumstances of the case, the lack of financing of bankruptcy proceedings does not prevent the issuance of a ruling on the completion of bankruptcy proceedings, the proceedings are not subject to termination.
According to the bankruptcy trustee's report, as of the specified date, the debtor's bankruptcy estate amounts to the amount of funds, the debtor's property has not been sold, and creditors' claims have been included in the register. At the same time, it is seen from the case materials and by the persons participating in the case, it is not disputed that the debtor has his own property.: ten production buildings, movable property - the main technological and auxiliary equipment of cognac production, raw materials, the book value of movable property is a certain amount.
The bankruptcy trustee's arguments about the lack of funds to organize the auction are rejected by the district court, since this issue has no legal significance for assessing the existence of grounds for termination of bankruptcy proceedings, given the significant amount of property to be sold. The impossibility of selling the property can only be confirmed by the results of the auction, which would indicate the absence of customer demand.
Photo: Freepik
12.12.2025
