We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
COMPENSATION FOR A MORAL DAMAGE FOR MURDER MAY BE EXCLUDED FROM BANKRUPTCY ESTATE
As a result of the crime, the court not only sentenced the murderer to imprisonment, but also recovered from him a compensation for moral damage in favor of the mother, which was monthly deducted from the convict's salary and transferred to the victim's account. After the woman had been declared bankrupt, her bankruptcy trustee appealed to the court with a claim to exclude the amount of moral damage to be paid from the bankruptcy estate. The applicant referred to the fact that the debt is directly related to the personality of the victim and cannot be transferred to someone else.
However, the lower courts did not find this argument convincing and the claims were rejected. Then the trustee applied to the Supreme Court of Russia, which considered the position of colleagues to be incorrect and sided with the applicant.
According to the economic board, in addition to the fact that the right to compensation for moral damage is indeed inseparable from the person of the debtor and is, first of all, a spiritual value for him (her), there are other reasons.
In particular, the Supreme Court recalled that the court not only has the right, but is also obliged to exclude property from the bankruptcy estate if it considers that it is not enough to meet the basic needs of the debtor. The courts did not consider this fact and did not take into account the fact that the debtor had a minor child.
Thus, the economic board concluded that the lower-level instances should have been more attentive to the consideration of the dispute and thoroughly examined all the circumstances of the case before making decisions. The result of the consideration of the complaint was the referral of the dispute for reconsideration (resolution No. 309-ES21-4917 of July 7, 2021).
