RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
INSURANCE PAYMENT FIRST, THEN BANKRUPTCY
The creditor applied to the court for declaring the deceased debtor bankrupt (case no. A79-9265/22).
The courts of two instances recognized the application as justified, guided by the fact that the deceased debtor has unfulfilled monetary obligations under a loan agreement concluded with a credit institution that was reorganized in the form of joining the bank. Collateral for the obligations under the loan agreement was the pledge of real estate – apartments. The courts found that the claims against the citizen amount to more than five hundred thousand rubles and these claims were not fulfilled within three months from the date when they should be fulfilled.
The cassation sent the case for reconsideration, noting that objections from the interested party about the need for the bank (its legal successor) to exercise the right to receive insurance payments before filing for bankruptcy of the debtor allow for a dispute about the right to be resolved outside the framework of the bankruptcy case. These objections may serve as grounds for termination of proceedings at the request of the bank's legal successor, or for leaving the application without consideration if the arguments are confirmed that the bank (its legal successor) has the beneficiary's right under the insurance contract concluded by the debtor.
The existence of a dispute over the right is also evidenced by the objections of a third party who claimed the rights to the debtor's extortionate inherited property – an apartment recognized at the time of the introduction of the procedure for the sale of the debtor's property as property pledged by the creditor. The conclusion of the Court of Appeal that there are no grounds for termination of proceedings at the request of the creditor acting as the bank's legal successor was made with the incorrect application of substantive law and incomplete clarification of the circumstances relevant to the dispute.
Photo: Freepik
The courts of two instances recognized the application as justified, guided by the fact that the deceased debtor has unfulfilled monetary obligations under a loan agreement concluded with a credit institution that was reorganized in the form of joining the bank. Collateral for the obligations under the loan agreement was the pledge of real estate – apartments. The courts found that the claims against the citizen amount to more than five hundred thousand rubles and these claims were not fulfilled within three months from the date when they should be fulfilled.
The cassation sent the case for reconsideration, noting that objections from the interested party about the need for the bank (its legal successor) to exercise the right to receive insurance payments before filing for bankruptcy of the debtor allow for a dispute about the right to be resolved outside the framework of the bankruptcy case. These objections may serve as grounds for termination of proceedings at the request of the bank's legal successor, or for leaving the application without consideration if the arguments are confirmed that the bank (its legal successor) has the beneficiary's right under the insurance contract concluded by the debtor.
The existence of a dispute over the right is also evidenced by the objections of a third party who claimed the rights to the debtor's extortionate inherited property – an apartment recognized at the time of the introduction of the procedure for the sale of the debtor's property as property pledged by the creditor. The conclusion of the Court of Appeal that there are no grounds for termination of proceedings at the request of the creditor acting as the bank's legal successor was made with the incorrect application of substantive law and incomplete clarification of the circumstances relevant to the dispute.
Photo: Freepik
23.10.2025
