RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
BANKRUPT WITH 5 CHILDREN: VERIFICATION OR EXCESSIVE CURIOSITY?
The manager petitioned the court to complete the procedure for the sale of the debtor's property (case no. A18-2460/23).
The Court of first instance granted the application, noting that the register of creditors' claims had been formed. Accounts payable were not repaid due to the debtor's lack of property and funds. There are no signs of fictitious and deliberate bankruptcy in relation to the debtor. Restoration of the debtor's solvency is impossible due to the lack of funds and property.
The appeal referred the dispute for reconsideration, drawing attention to the fact that the debtor has five dependent minor children, while the case materials do not contain information about the property registered on them. The Bankruptcy Law provides for the possibility of claiming information about property belonging to minors and (or) children of debtors who do not have their own source of income. The manager did not take full measures to search for the debtor's property and form the bankruptcy estate, as well as the absence of grounds to believe that all measures in the procedure for the sale of the debtor's property have been completed.
The cassation sent the dispute for a new appeal hearing, pointing out that there was no direct or indirect evidence confirming the transfer of property by the debtor to minor children by the creditor. The creditor did not state any arguments about the need to verify the property status of the debtor's children, and did not provide any circumstances indicating possible registration of property for the debtor's dependents.
In the absence of direct or indirect evidence that allows the court to reasonably doubt the debtor's good faith or the reasonableness of the manager's actions, or to verify the need for additional research into the debtor's property status and those interested in it, extending the procedure without grounds solely at the will of the creditor does not meet the objectives of the bankruptcy institution.
The demand for information about relatives, relatives of the debtor and other persons at the will of the creditor without providing even minimal grounds to assume their participation in the concealment of property does not meet either the objectives of bankruptcy or the principles of the arbitration process. The manager analyzed the debtor's accounts, which did not receive funds that would allow the debtor to purchase and register property with third parties.
The Court of Appeal did not examine the circumstances described, in particular, whether the debtor's financial situation allowed the property to be registered with the alleged owners.
Photo: Freepik
The Court of first instance granted the application, noting that the register of creditors' claims had been formed. Accounts payable were not repaid due to the debtor's lack of property and funds. There are no signs of fictitious and deliberate bankruptcy in relation to the debtor. Restoration of the debtor's solvency is impossible due to the lack of funds and property.
The appeal referred the dispute for reconsideration, drawing attention to the fact that the debtor has five dependent minor children, while the case materials do not contain information about the property registered on them. The Bankruptcy Law provides for the possibility of claiming information about property belonging to minors and (or) children of debtors who do not have their own source of income. The manager did not take full measures to search for the debtor's property and form the bankruptcy estate, as well as the absence of grounds to believe that all measures in the procedure for the sale of the debtor's property have been completed.
The cassation sent the dispute for a new appeal hearing, pointing out that there was no direct or indirect evidence confirming the transfer of property by the debtor to minor children by the creditor. The creditor did not state any arguments about the need to verify the property status of the debtor's children, and did not provide any circumstances indicating possible registration of property for the debtor's dependents.
In the absence of direct or indirect evidence that allows the court to reasonably doubt the debtor's good faith or the reasonableness of the manager's actions, or to verify the need for additional research into the debtor's property status and those interested in it, extending the procedure without grounds solely at the will of the creditor does not meet the objectives of the bankruptcy institution.
The demand for information about relatives, relatives of the debtor and other persons at the will of the creditor without providing even minimal grounds to assume their participation in the concealment of property does not meet either the objectives of bankruptcy or the principles of the arbitration process. The manager analyzed the debtor's accounts, which did not receive funds that would allow the debtor to purchase and register property with third parties.
The Court of Appeal did not examine the circumstances described, in particular, whether the debtor's financial situation allowed the property to be registered with the alleged owners.
Photo: Freepik
16.07.2025
