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.
Debt without documents: who is right in a dispute with a bankrupt?
The creditor applied to the court for the inclusion of claims in the debtor's register (case no. A40-195323/23).
The courts of two instances granted the application, since the applicant's claim was confirmed by the final decision of the district court in another case, which was not quashed.
References to the appeal of this decision of the court of general jurisdiction are rejected due to the possibility of reviewing the judicial act if there are legal grounds for that.
The cassation sent the dispute for reconsideration, recognizing the need for further investigation of the factual circumstances of the case. The content of the decision of the court of general jurisdiction implies that the debtor is in debt to the creditor, but the facts of the creditor's financial ability to transfer funds, the actual transfer of these funds to the debtor, and evidence of their expenditure by the debtor have not been investigated.
At the same time, the manager objected to the satisfaction of the stated claims precisely on these grounds. Thus, the conclusions of the lower courts were made without taking into account the reasoned objections of the financial manager and the explanations of the higher judicial authorities.
In addition, attention is drawn to the absence of the agreement itself between the lender and the debtor, according to which the latter recognized the debt and determined the amount of interest for using other people's funds. Also, the provisions on reducing the penalty were not applied, given the obvious disproportionality of its consequences to the violation of the obligation.
Photo: Freepik
The courts of two instances granted the application, since the applicant's claim was confirmed by the final decision of the district court in another case, which was not quashed.
References to the appeal of this decision of the court of general jurisdiction are rejected due to the possibility of reviewing the judicial act if there are legal grounds for that.
The cassation sent the dispute for reconsideration, recognizing the need for further investigation of the factual circumstances of the case. The content of the decision of the court of general jurisdiction implies that the debtor is in debt to the creditor, but the facts of the creditor's financial ability to transfer funds, the actual transfer of these funds to the debtor, and evidence of their expenditure by the debtor have not been investigated.
At the same time, the manager objected to the satisfaction of the stated claims precisely on these grounds. Thus, the conclusions of the lower courts were made without taking into account the reasoned objections of the financial manager and the explanations of the higher judicial authorities.
In addition, attention is drawn to the absence of the agreement itself between the lender and the debtor, according to which the latter recognized the debt and determined the amount of interest for using other people's funds. Also, the provisions on reducing the penalty were not applied, given the obvious disproportionality of its consequences to the violation of the obligation.
Photo: Freepik
10.07.2025
