RusBankrot
We know everything about bankruptcy
18/10/2024
Friday
THIS DAY IN HISTORY:
18 October 
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
18 October
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
IT CAN BE INDEXED ONLY UNTIL THE DATE OF BANKRUPTCY
The manager appealed to the court with an application to challenge the transactions made between the debtor and the entrepreneur (case no. A56-144902/18). After satisfying the application, the manager appealed to the court with a demand for the indexation of the awarded amounts.
Satisfying the application, the courts of two instances proceeded from the validity of the claims of the manager and the correctness of the calculation of the indexed amounts.
The cassation sent the dispute for a new review and noted that the courts had not taken into account that the sums of money awarded by the court were subject to indexation only until the day of the introduction of the first bankruptcy procedure.
In this regard, indexing is not made dependent on the debtor's fault and is carried out from the moment the sums of money are awarded until the actual execution of the court decision. At the same time, the composition of the debt collected by the court (principal, interest or penalties) does not matter for determining the amount of indexing.
At the same time, when resolving the issue of indexation in respect of a person who was in bankruptcy proceedings (the defendant), the courts did not take into account that the introduction of bankruptcy proceedings against the defendant was caused by objective reasons, when debt collection and enforcement of judicial acts that entered into force take place in a special order and procedure provided for by insolvency law, in order to formation of the bankruptcy estate and settlements with creditors in accordance with the established order.
Satisfying the application, the courts of two instances proceeded from the validity of the claims of the manager and the correctness of the calculation of the indexed amounts.
The cassation sent the dispute for a new review and noted that the courts had not taken into account that the sums of money awarded by the court were subject to indexation only until the day of the introduction of the first bankruptcy procedure.
In this regard, indexing is not made dependent on the debtor's fault and is carried out from the moment the sums of money are awarded until the actual execution of the court decision. At the same time, the composition of the debt collected by the court (principal, interest or penalties) does not matter for determining the amount of indexing.
At the same time, when resolving the issue of indexation in respect of a person who was in bankruptcy proceedings (the defendant), the courts did not take into account that the introduction of bankruptcy proceedings against the defendant was caused by objective reasons, when debt collection and enforcement of judicial acts that entered into force take place in a special order and procedure provided for by insolvency law, in order to formation of the bankruptcy estate and settlements with creditors in accordance with the established order.
03.07.2024
