RusBankrot
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27/12/2024
Friday
THIS DAY IN HISTORY:
27 December 
1970 Franco's dictatorship ended in Spain.
1970 The Netherlands recognized the independence of Indonesia.
1970 The introduction of the passport system in the USSR and the formation of the passport and visa service.
1970 the introduction of the passport system in the USSR and the formation of the passport and visa service.
27 December
1970 Franco's dictatorship ended in Spain.
1970 The Netherlands recognized the independence of Indonesia.
1970 The introduction of the passport system in the USSR and the formation of the passport and visa service.
1970 the introduction of the passport system in the USSR and the formation of the passport and visa service.
IT IS IMPOSSIBLE TO REDUCE THE PENALTY CONFIRMED BY A JUDICIAL ACT
The creditor applied to the court to include the claim in the debtor's register (case no. A41-7444/24).
In satisfying the application, the court of first instance proceeded from the fact that the requirements were confirmed by judicial acts that had entered into force.
The appeal changed the definition regarding the inclusion of the penalty in the register, satisfying the debtor's request for its reduction.
The cassation upheld the ruling of the first instance and noted that the court of appeal did not refute the fact that the claims were based on a judicial act that had entered into force, which led to the revision of the judicial act of the court of general jurisdiction in a way not provided for by the current procedural legislation.
If there is a court decision that has entered into force confirming the composition and size of the creditor's claims, the arbitral tribunal determines only the possibility of their presentation in the insolvency process and the order of satisfaction, without reviewing the dispute on the merits.
In satisfying the application, the court of first instance proceeded from the fact that the requirements were confirmed by judicial acts that had entered into force.
The appeal changed the definition regarding the inclusion of the penalty in the register, satisfying the debtor's request for its reduction.
The cassation upheld the ruling of the first instance and noted that the court of appeal did not refute the fact that the claims were based on a judicial act that had entered into force, which led to the revision of the judicial act of the court of general jurisdiction in a way not provided for by the current procedural legislation.
If there is a court decision that has entered into force confirming the composition and size of the creditor's claims, the arbitral tribunal determines only the possibility of their presentation in the insolvency process and the order of satisfaction, without reviewing the dispute on the merits.
22.11.2024
