RusBankrot
We know everything about bankruptcy
27/04/2024
Saturday
THIS DAY IN HISTORY:
27 April 
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
27 April
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
CONCEALMENT OF INFORMATION ABOUT THE SALE OF PROPERTY BY THE DEBTOR ABROAD IS UNFAIR
In the framework of the bankruptcy case of a citizen (No. A40-98096/21), the courts considered the issue of releasing the debtor from obligations based on the results of the sale of property.
The court of first instance refused to release the citizen from debts, since the debtor did not provide evidence of the full expenditure of funds received from the sale of real estate in Italy. With proper evidence, the debtor confirmed the expenditure of only a small part of the funds to repay the loan.
In addition, properly executed information from the authorized registration authorities of Italy on the debtor's absence of movable/immovable property abroad has not been provided, although the debtor had such an opportunity, since he actually lived and resides in Italy.
The appeal applied the rules on release from obligations to the debtor, guided by the fact that evidence of concealment or destruction of property belonging to the debtor, as well as the failure to provide the necessary information or the provision of knowingly unreliable information to the financial manager or the arbitration court considering the bankruptcy case of a citizen, which would be confirmed by a judicial act that entered into force, is not presented in the case file.
The district court upheld the ruling of the first instance, noting that the court of appeal did not take into account the facts established and assessed by the court of first instance, namely that the debtor, having alienated the residential premises belonging to him by right of ownership, did not provide evidence of the full expenditure of the proceeds from its sale.
At the same time, the court of first instance found that the debtor confirmed with proper evidence that only a small part of the funds was spent on repayment of the loan. In addition, the debtor did not provide properly executed information from the authorized registration authorities of Italy about the debtor's lack of movable/immovable property abroad, although the debtor had the opportunity to do so, since he actually lived and resides in Italy.
At the same time, the fact that the manager was refused to satisfy the application for invalidation of the transaction on the alienation of property does not affect the assessment of the debtor's actions aimed at concealing the funds received from creditors under this transaction.
The court of first instance refused to release the citizen from debts, since the debtor did not provide evidence of the full expenditure of funds received from the sale of real estate in Italy. With proper evidence, the debtor confirmed the expenditure of only a small part of the funds to repay the loan.
In addition, properly executed information from the authorized registration authorities of Italy on the debtor's absence of movable/immovable property abroad has not been provided, although the debtor had such an opportunity, since he actually lived and resides in Italy.
The appeal applied the rules on release from obligations to the debtor, guided by the fact that evidence of concealment or destruction of property belonging to the debtor, as well as the failure to provide the necessary information or the provision of knowingly unreliable information to the financial manager or the arbitration court considering the bankruptcy case of a citizen, which would be confirmed by a judicial act that entered into force, is not presented in the case file.
The district court upheld the ruling of the first instance, noting that the court of appeal did not take into account the facts established and assessed by the court of first instance, namely that the debtor, having alienated the residential premises belonging to him by right of ownership, did not provide evidence of the full expenditure of the proceeds from its sale.
At the same time, the court of first instance found that the debtor confirmed with proper evidence that only a small part of the funds was spent on repayment of the loan. In addition, the debtor did not provide properly executed information from the authorized registration authorities of Italy about the debtor's lack of movable/immovable property abroad, although the debtor had the opportunity to do so, since he actually lived and resides in Italy.
At the same time, the fact that the manager was refused to satisfy the application for invalidation of the transaction on the alienation of property does not affect the assessment of the debtor's actions aimed at concealing the funds received from creditors under this transaction.
28.03.2024
