RusBankrot
We know everything about bankruptcy
01/01/2025
Wednesday
THIS DAY IN HISTORY:
1 January 
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
1 January
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
AN INDIVIDUAL ALWAYS HAS THE RIGHT TO DEMAND RECOGNITION AS BANKRUPT
The citizen applied to the court for his own bankruptcy (case no. A56-69174/23).
Recognizing the application as unfounded, the courts of two instances proceeded from the fact that the debtor had not proved his insolvency, and applying to the court for bankruptcy did not meet the criteria of bad faith. At the same time, the debtor has not provided evidence of the expenditure of the funds received in the loan.
The applicant's argument about the fact of fraudulent actions by third parties and the initiation of criminal proceedings in this regard was rejected by the courts as not being an unconditional confirmation of the debtor's insolvency.
Referring the dispute for a new consideration, the cassation noted that since in this case the debtor had exercised the right provided for by the Bankruptcy Law to file an application for insolvency, indicated that it had terminated the performance of credit obligations and its inability to fulfill them in the future, the presumption of insolvency of the debtor was subject to application. The existence of circumstances that would refute the said presumption has not been established by the courts.
Contrary to the conclusion of the court of first instance, the mere fact of a citizen filing an application for his own bankruptcy in the exercise of the right provided for by the Bankruptcy Law cannot be qualified as a manifestation of bad faith.
Recognizing the application as unfounded, the courts of two instances proceeded from the fact that the debtor had not proved his insolvency, and applying to the court for bankruptcy did not meet the criteria of bad faith. At the same time, the debtor has not provided evidence of the expenditure of the funds received in the loan.
The applicant's argument about the fact of fraudulent actions by third parties and the initiation of criminal proceedings in this regard was rejected by the courts as not being an unconditional confirmation of the debtor's insolvency.
Referring the dispute for a new consideration, the cassation noted that since in this case the debtor had exercised the right provided for by the Bankruptcy Law to file an application for insolvency, indicated that it had terminated the performance of credit obligations and its inability to fulfill them in the future, the presumption of insolvency of the debtor was subject to application. The existence of circumstances that would refute the said presumption has not been established by the courts.
Contrary to the conclusion of the court of first instance, the mere fact of a citizen filing an application for his own bankruptcy in the exercise of the right provided for by the Bankruptcy Law cannot be qualified as a manifestation of bad faith.
28.03.2024
