BANKRUPTCY OF A CAPTAIN: THE COURT HAS CLARIFIED WHAT TO DO IF THE SHIP ‘HAS SUNK’ AND THE CAPTAIN IS GUILTY

In the framework of the case of bankruptcy of the ship's captain, the courts considered the issue of releasing him from further performance of obligations. The captain was released by the first two instances, but obliged to pay the debt for compensation for damage of the ship that had fallen into disrepair. However, the District Court did not agree with this conclusion.

The debt was formed to the company that owned the ship, and the captain was found guilty of its disrepair. The debt amounted to 53 million rubles and was based on the verdict, which confirmed the guilt of the captain in the precarious state of the ship.

The court found out that the debtor had violated the rules of the safety of sea transport, as a result of which the damage was caused.

Leaving a debt to the creditor, the courts justified this by causing harm by illegal actions of the debtor, but the board of the District court expressed a different opinion.

Its judges recalled that the issue of releasing the debtor from the performance of obligations to creditors is related to the way the debtor behaves towards them. Therefore, it does not matter whether the captain committed illegal actions as long as he was in good faith with his creditors. The opportunity to release him from further fulfillment of obligations within the framework of his own bankruptcy remains (decision №. F03-3775 / 2021 of August 19, 2021).