We know everything about bankruptcy
16/05/2024
Thursday
16 May 
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
IGNORANCE OF THE LAW FREED THE BANKRUPT FROM RESPONSIBILITY IN THE SUPREME COURT
On May 19, 2022, the Tyumen arbitration court issued a ruling by which the procedure for the sale of Volkonskaya's property was completed. The woman was released from further fulfillment of creditors' claims. The court did not take into account the petition of the creditor, who asked not to do this, pointing to the unfair behavior of the debtor during the process.
It turned out that the woman spent money that should have been included in the bankruptcy estate. That is, she spent on herself a little more than the subsistence minimum set for pensioners. Volkonskaya also made a deal to sell a car, which was subsequently declared invalid.
However, the court took into account that the money was actually returned to the bankruptcy estate, since it was recovered from the first financial manager involved in the Volkonskaya case. According to the transaction of 25 thousand, which was declared invalid, more than 20.8 thousand rubles were returned. Pension accruals (152.8 thousand), which the woman independently disposed of without obtaining the consent of the financial manager, were also collected through Sberbank. As a result, the woman's behavior was recognized in good faith in two judicial instances.
The district court, which received the complaint, decided the case differently. The cassation considered that the pensioner hid the property, evaded the payment of the debt and disposed of the money independently, without having the authority to do so during the bankruptcy proceedings. The woman had to complain to the Supreme Court.
The economic board, having studied the woman's arguments, found them quite convincing. Volkonskaya told the court that she did not try to evade her obligations, and also did not live in a big way. She spent her savings on maintaining her health, as well as taking care of the health of her son, who has a disability.
In addition, the pensioner reported that she did not actually transfer money from her pension to the bankruptcy estate. But the financial manager did not withhold any money from her either. She, having no special legal knowledge, was not privy to the intricacies of bankruptcy procedures, which is understandable in her old age. As a result, the Supreme Court overturned the verdict of the district court, leaving the decision of two instances (the Arbitration Court of the Tyumen region and the appeal) in force.
Photo by Freepik
