A CITIZEN WILL NOT BE RELEASED FROM OBLIGATIONS UNDER AN ENTREPRENEURIAL LOAN

The manager applied to the court for the completion of the procedure for the sale of the citizen's property (case no. A76-43079/22).

The court of first instance released the debtor from his obligations, with the exception of obligations to the bank, since the debtor provided distorted and unreliable information about the income level when receiving credit funds from the bank.

The appeal released the debtor from all obligations, noting that at the time of assuming credit obligations, the debtor was working, had a steady stable income, fulfilled loan obligations for a long time, and late payments were caused by insufficient funds due to deteriorating health, which caused the loss of the only source of income and, as a result, the reason for the termination of loan obligations.

The cassation upheld the ruling of the first instance and pointed out that the debtor's appeal to the credit broker, as well as the registration and provision of false information to the bank solely by the actions of the credit broker, had not been proven, and the debtor's inability to apply for a loan directly to the bank was not justified in any way.

Neither the debtor's representative nor the representative of the financial manager could explain to the district court exactly what kind of activity the debtor carried out as an individual entrepreneur, whether they had submitted tax returns reflecting income from the relevant activity.

The conclusions of the court of appeal on the lawful expenditure of the loan funds received for the fulfillment of civil obligations have not been documented and contradict the case materials.