RusBankrot
We know everything about bankruptcy
21/04/2026
Tuesday
THIS DAY IN HISTORY:
21 April 
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Women in France received a right to vote
1970 Women in France received a right to vote
1970 The new capital of Siam, known as Bangkok, was founded
1970 The new capital of Siam, known as Bangkok, was founded
21 April
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Women in France received a right to vote
1970 Women in France received a right to vote
1970 The new capital of Siam, known as Bangkok, was founded
1970 The new capital of Siam, known as Bangkok, was founded
DIFFICULT FINANCIAL SITUATION AS A VALID REASON FOR MISSING THE DEADLINE FOR FILING A BANKRUPTCY CLAIM
The creditor applied for the inclusion of claims in the debtor's register (case no. A56-86457/23).
The court of first instance, restoring the missed deadline and including the requirement in the register, proceeded from the fact that the creditor had provided evidence of an objective inability to pay the state fee within the prescribed period (certificates of account balances, information on family composition and income), which indicates that there are valid reasons for missing the deadline.
The appeal included a claim for the register, based on the fact that the creditor did not substantiate the impossibility of performing the necessary procedural actions in the period after the return of the application, and the evidence presented does not indicate the validity of the reasons for missing the deadline.
The cassation upheld the ruling of the first instance, pointing out that in this case the creditor presented evidence confirming that at the time of the elimination of the deficiencies of the application, he had no real opportunity to comply with the court's ruling due to the lack of necessary funds.
In the opinion of the court, these circumstances objectively prevented the timely payment of the state fee and could not be overcome by the creditor in the short time set by the court for leaving the application without motion. In such circumstances, the refusal to restore the term violates the creditor's right to judicial protection and does not comply with the principles of justice and equality before the law.
Photo: Freepik
The court of first instance, restoring the missed deadline and including the requirement in the register, proceeded from the fact that the creditor had provided evidence of an objective inability to pay the state fee within the prescribed period (certificates of account balances, information on family composition and income), which indicates that there are valid reasons for missing the deadline.
The appeal included a claim for the register, based on the fact that the creditor did not substantiate the impossibility of performing the necessary procedural actions in the period after the return of the application, and the evidence presented does not indicate the validity of the reasons for missing the deadline.
The cassation upheld the ruling of the first instance, pointing out that in this case the creditor presented evidence confirming that at the time of the elimination of the deficiencies of the application, he had no real opportunity to comply with the court's ruling due to the lack of necessary funds.
In the opinion of the court, these circumstances objectively prevented the timely payment of the state fee and could not be overcome by the creditor in the short time set by the court for leaving the application without motion. In such circumstances, the refusal to restore the term violates the creditor's right to judicial protection and does not comply with the principles of justice and equality before the law.
Photo: Freepik
21.04.2026
