District court exempted the debtor from compensation for damages in road accident

The Arbitration Court of the Ural District considered the issue of exemption of the debtor-citizen from the fulfillment of monetary obligations to creditors in connection with insolvency.  The lower courts concluded that such a provision could be applied, making an exception for damage caused by a road accident.  However, the district court did not see any problems for writing the debt off in such a situation.

Several circumstances served as the basis for filing an application for their own bankruptcy: the presence of debts to creditors (over 800 thousand rubles in total), as well as the disability of the applicant's son, because of which the debtor was forced to quit his job and take care of the child.

Among the creditors named in the claim, several banks were named, as well as an individual to whom the court of general jurisdiction established a debt due to damage to a car as a result of an accident.

The lower courts, while retaining the obligation for the debtor to pay off the debt arising from the infliction of harm, pointed to the fact of gross negligence of the debtor when driving a car.  In such circumstances, it was impossible to exempt him from the payment, concluded the courts of the first instance and appeal.

However, the district court drew attention to the fact that the decision made by the court of general jurisdiction did not indicate the presence of gross negligence on the part of the debtor.  At the same time, the materials of the administrative case were not examined in the framework of the accident.  As a result, the district court concluded that the arguments of the lower instances were unfounded and released the debtor from compensation for damages (decision № F09-6767 / 21 of October 7, 2021 in case № А34-12776 / 2020).