RusBankrot
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25/05/2026
Monday
THIS DAY IN HISTORY:
25 May 
1970 Africa's Liberation Day.
1970 Africa's Liberation Day.
1970 North Korea conducted an underground nuclear test.
1970 The independence of Jordan from England was declared.
1970 The independence of Jordan from England was declared.
25 May
1970 Africa's Liberation Day.
1970 Africa's Liberation Day.
1970 North Korea conducted an underground nuclear test.
1970 The independence of Jordan from England was declared.
1970 The independence of Jordan from England was declared.
CONDITIONS FOR APPROVAL OF THE RESTRUCTURING PLAN WITHOUT THE DIRECT CONSENT OF THE CREDITOR
The debtor applied to the court for approval of a local restructuring plan with a secured creditor (case no. A41-102609/24).
By refusing to approve a separate settlement agreement (a local restructuring plan), the courts considered that it contradicts the provisions of the Bankruptcy Law, violates the rights and legitimate interests of the creditor, and does not ensure a balance of interests of the creditor (mortgagee) to obtain fulfillment of the loan obligation.
The cassation sent the dispute for reconsideration, pointing out that the courts had not established the existence of any other residential premises other than a secured apartment for the debtor.
Contrary to the conclusions of the courts, the provisions of the Bankruptcy Law, taking into account the explanations of the Supreme Court, do not provide for the lack of consent of the secured creditor as grounds for refusing approval of the local plan.
Moreover, in the present case, the collateral creditor, notified of the consideration of the issue of approving the local plan, did not submit objections to the court.
However, these arguments have not been properly assessed by the courts, and the terms of the restructuring plan (terms and procedure for repayment of claims) have not been fully investigated and evaluated.
Thus, the debtor submitted to the case file certificates on the income of a third party from self-employment activities on their income for the period from April to November 2025 in the amount of monthly. However, the evidence presented by the courts has not been examined, including for the sufficiency of such income to pay the monthly payment under the local plan.
The courts' indication that the local plan needs to be finalized as a basis for refusing its approval does not correspond to the explanations that if there are remedial deficiencies in the submitted draft debt restructuring plan, the court takes measures to correct them.
By refusing to approve a separate settlement agreement (a local restructuring plan), the courts considered that it contradicts the provisions of the Bankruptcy Law, violates the rights and legitimate interests of the creditor, and does not ensure a balance of interests of the creditor (mortgagee) to obtain fulfillment of the loan obligation.
The cassation sent the dispute for reconsideration, pointing out that the courts had not established the existence of any other residential premises other than a secured apartment for the debtor.
Contrary to the conclusions of the courts, the provisions of the Bankruptcy Law, taking into account the explanations of the Supreme Court, do not provide for the lack of consent of the secured creditor as grounds for refusing approval of the local plan.
Moreover, in the present case, the collateral creditor, notified of the consideration of the issue of approving the local plan, did not submit objections to the court.
However, these arguments have not been properly assessed by the courts, and the terms of the restructuring plan (terms and procedure for repayment of claims) have not been fully investigated and evaluated.
Thus, the debtor submitted to the case file certificates on the income of a third party from self-employment activities on their income for the period from April to November 2025 in the amount of monthly. However, the evidence presented by the courts has not been examined, including for the sufficiency of such income to pay the monthly payment under the local plan.
The courts' indication that the local plan needs to be finalized as a basis for refusing its approval does not correspond to the explanations that if there are remedial deficiencies in the submitted draft debt restructuring plan, the court takes measures to correct them.
21.05.2026
