THIS DAY IN HISTORY:
15 February 1970 The fall of the Chelyabinsk meteorite1970 The fall of the Chelyabinsk meteorite1970 The first hearing of the International Court of Justice was opened in Hague1970 The first meeting of the International Court of Justice was opened in Hague1970 The first line of Berlin's metro was opened1970 The first line of Berlin's metro was opened
IF THE DEBTOR DOES NOT AGREE WITH ANY REQUIREMENT, LET HIM JUSTIFY HIS DISAGREEMENT
IF THE DEBTOR DOES NOT AGREE WITH ANY REQUIREMENT, LET HIM JUSTIFY HIS DISAGREEMENT
The debtor appealed to the court with a complaint against the actions of the manager and a claim for recovery of damages from him (case no. A04-5830/20).
The courts of two instances partially satisfied the requirements, pointing out that the manager unlawfully calculated the debtor's alimony obligations based only on the account statement of the company controlled by the debtor.
The cassation refused to satisfy the claims, noting that in this case, the repayment of current alimony claims was carried out at the expense of the debtor's property (funds credited to his account) as part of the first stage of repayment of current payments.
The amount of current alimony obligations is determined by the manager based on the results of consideration of the received application for inclusion of the debt in the register of current claims of the debtor, taking into account the amount of alimony established by a court decision. The manager notified the debtor of the receipt of the specified application, of making a submission on the inclusion of the claimed debt in the first place of current payments, while indicating the amount of the debt.
The debtor, despite these notifications, did not submit any objections or documents allowing to adjust the calculation. Also, the case does not provide evidence that the debtor had previously (before the disputed payments were made) provided the manager with documentation allowing the debtor to exclude cash received from his income. There is no evidence of objective circumstances preventing the debtor from providing the necessary information to the financial manager in a timely manner.
In this case, the debtor, given the opportunity, did not disclose the necessary information and did not provide information affecting the calculation of alimony to the manager during the decision on the inclusion of the relevant debt in the register of current obligations. This opportunity was realized by the debtor later - within the framework of this dispute when appealing the actions of the manager.
Consequently, the manager reasonably acted on the basis of the information at his disposal and made the payment of alimony in the amount calculated on the basis of such information, thereby fulfilling the obligations imposed on him by the Bankruptcy Law to repay current obligations in accordance with the amount of debt recorded in the register of current payments. The obligation to pay alimony has been fulfilled by the financial manager in pursuance of a court decision.
Website Rusbankrot.ru uses cookies. If you continue to browse our pages, you agree to this condition. You can change the cookie settings in the browser settings.