RusBankrot
We know everything about bankruptcy
29/12/2024
Sunday
THIS DAY IN HISTORY:
29 December 
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
29 December
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
HEIRS ARE NOT ALWAYS RESPONSIBLE FOR THE DEBTS OF TESTATORS
The creditor applied to the court for declaring the citizen bankrupt (case no. A24-3604/23). The courts of the first and appellate instances recognized the application as justified, taking into account the universal succession that took place and the recovery of funds directly from the heir - debtor who inherited within the time limit established by law, in the amount of the value of the inheritance mass accepted by him.
The courts pointed out that since the applicant's claims were documented, including by judicial acts of the court of general jurisdiction, and applied to the debtor the bankruptcy procedure of a debtor citizen on general grounds, and introduced bankruptcy procedure against him – restructuring of the citizen's debts, refusing to satisfy the petition for termination of proceedings in the case.
The cassation did not agree with this approach and recognized the statement as unfounded, guided by the following:
As follows from the arguments of the cassation appeal, the testator, in addition to obligations to the creditor, has other unfulfilled obligations, including to the debtor himself, which were presented to him in accordance with the general legal procedure, and which can be declared as claims to the inheritance of the deceased debtor.
Thus, there is a situation where creditors' claims are not related to the identity of the debtor, but relate to the inherited property - the apartment.
In this case, the debtor cannot be a debtor for the obligations of a deceased person with the application to him of the general provisions of the Bankruptcy Law in relation to individuals. In addition, when applying, the creditor did not provide any arguments in favor of the validity of the debtor's personal bankruptcy claims and the absence of grounds for applying the rules on bankruptcy of the estate.
The courts pointed out that since the applicant's claims were documented, including by judicial acts of the court of general jurisdiction, and applied to the debtor the bankruptcy procedure of a debtor citizen on general grounds, and introduced bankruptcy procedure against him – restructuring of the citizen's debts, refusing to satisfy the petition for termination of proceedings in the case.
The cassation did not agree with this approach and recognized the statement as unfounded, guided by the following:
As follows from the arguments of the cassation appeal, the testator, in addition to obligations to the creditor, has other unfulfilled obligations, including to the debtor himself, which were presented to him in accordance with the general legal procedure, and which can be declared as claims to the inheritance of the deceased debtor.
Thus, there is a situation where creditors' claims are not related to the identity of the debtor, but relate to the inherited property - the apartment.
In this case, the debtor cannot be a debtor for the obligations of a deceased person with the application to him of the general provisions of the Bankruptcy Law in relation to individuals. In addition, when applying, the creditor did not provide any arguments in favor of the validity of the debtor's personal bankruptcy claims and the absence of grounds for applying the rules on bankruptcy of the estate.
28.02.2024
