Does an individual have a right to re-initiate his own bankruptcy?

The Scientific Advisory Council under the Arbitration Court of the North Caucasus District published recommendations related to the consideration of bankruptcy cases by the courts. Details of explanations given in the document are here in oumaterial.

In the very first paragraph of the text of recommendations, the NCC clarified the issue of the possibility of re-initiation of an individual’s own bankruptcy case in a situation where the previous one was terminated due to his rejection of claims.

Judges believe that this circumstance should not become an obstacle, and the law does not contain any restrictions, with the exception of a five-year period from the completion of the previous procedure.

The second paragraph concerns court expenses, which are collected from a bankruptcy trustee as the organizer of the auction. We are talking about the consideration of the dispute on the recognition of the auction as invalid in the context of a situation where the trustee (as the organizer) committed violations, which led to negative consequences. In such a situation, the NCC recalled that the costs would be paid from the bankruptcy estate of the debtor, since it is assumed that the trustee acts in the interests of creditors.

However, later it is possible to recover expenses from the trustee in the category of losses that were caused by him to the bankruptcy estate of the debtor.

Another issue related to bankruptcy disputes was raised in paragraph 10. It dealt with the situation of the possibility of taking a monetary obligation to compensate for moral damage into account, in order to determine the signs of bankruptcy. The NCC clarified that such an obligation should also be taken into account, since it is not included in the exhaustive list of exceptions.