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.
BANKRUPTCY AS A CHANCE, BUT ONLY FOR THE HONEST
During the bankruptcy procedure of a citizen (case no. A56-2889/24), the creditor petitioned for the non-application of the exemption rule to the debtor.
In refusing to release the debtor from its obligations, the courts of two instances took into account that the debtor within one day assumed obligations in the amount of more than 5 million rubles, which obviously could not be fulfilled by it, taking into account the total debt burden to all credit institutions, while information about the expenditure of a significant amount of credit funds by the debtor is not provided, which indicates about the unfair behavior of the debtor.
Such behavior in itself is unacceptable for obtaining privileges through bankruptcy and is a circumstance that prevents the release of a citizen from obligations.
The cassation sent the dispute for reconsideration, pointing out that the simultaneous appeal of a citizen to different banks does not in itself indicate unfair behavior of the debtor. The debtor indicated that fraudulent actions had been committed against her, which led to an appeal to law enforcement agencies. The decision to institute a criminal case was attached to the application for declaring the debtor bankrupt. This circumstance has not been given a judicial assessment.
There is no evidence in the case file that the debtor disposed of the loan funds in his own interest and for his own benefit. The fact that the financial manager did not challenge the loan transactions does not indicate unfair behavior of the debtor.
Photo: Freepik
In refusing to release the debtor from its obligations, the courts of two instances took into account that the debtor within one day assumed obligations in the amount of more than 5 million rubles, which obviously could not be fulfilled by it, taking into account the total debt burden to all credit institutions, while information about the expenditure of a significant amount of credit funds by the debtor is not provided, which indicates about the unfair behavior of the debtor.
Such behavior in itself is unacceptable for obtaining privileges through bankruptcy and is a circumstance that prevents the release of a citizen from obligations.
The cassation sent the dispute for reconsideration, pointing out that the simultaneous appeal of a citizen to different banks does not in itself indicate unfair behavior of the debtor. The debtor indicated that fraudulent actions had been committed against her, which led to an appeal to law enforcement agencies. The decision to institute a criminal case was attached to the application for declaring the debtor bankrupt. This circumstance has not been given a judicial assessment.
There is no evidence in the case file that the debtor disposed of the loan funds in his own interest and for his own benefit. The fact that the financial manager did not challenge the loan transactions does not indicate unfair behavior of the debtor.
Photo: Freepik
16.06.2025
