RusBankrot
We know everything about bankruptcy
08/12/2025
Monday
THIS DAY IN HISTORY:
8 December 
2013 A monument to Lenin was dropped from a pedestal in Kiev. The beginning of the "Leninopad."
2013 a monument to Lenin was dropped from a pedestal in Kiev. The beginning of the "Leninopad."
1999 The Treaty establishing the Union State of Russia and Belarus was signed in Moscow.
1999 the Treaty, establishing the Union State of Russia and Belarus was signed in Moscow.
1991 An agreement on the creation of the CIS and the end of the existence of the USSR was signed.
8 December
2013 A monument to Lenin was dropped from a pedestal in Kiev. The beginning of the "Leninopad."
2013 a monument to Lenin was dropped from a pedestal in Kiev. The beginning of the "Leninopad."
1999 The Treaty establishing the Union State of Russia and Belarus was signed in Moscow.
1999 the Treaty, establishing the Union State of Russia and Belarus was signed in Moscow.
1991 An agreement on the creation of the CIS and the end of the existence of the USSR was signed.
POSTPONEMENT OF EXECUTION OF THE DECISION AND ITS IMPACT ON BANKRUPTCY
The creditor applied to the court for declaring the citizen bankrupt (case no. A40-265257/24).
The courts of two instances recognized the application as unfounded, having established that the basis for the creditor's application for declaring the debtor bankrupt is non-fulfillment of obligations established by the decision of the district court in another case on the recovery of funds. At the same time, the courts indicated that the debtor had been granted a stay of execution of the decision. In this regard, the courts concluded that the debtor does not have the characteristics necessary to declare a citizen bankrupt, and the proceedings are subject to termination.
The cassation sent the case for a new hearing, pointing out that the creditor promptly appealed the ruling of the court of general jurisdiction on granting a stay of execution of the court's decision in another case. However, these explanations of the creditor were not taken into account by the courts of the first and appellate instances, which did not clarify the issue of the creditor's complaint to the court of general jurisdiction.
In addition, the Court of Cassation indicated that a judicial act of a higher instance had overturned the decision of the court of general jurisdiction to grant a deferral, and the debtor had been denied a deferral. These circumstances were not taken into account by the lower courts when making decisions.
The court of cassation also drew attention to the fact that the court of first instance did not give a reasoned response to the debtor's request to suspend the proceedings in connection with special circumstances.
Photo: Freepik
The courts of two instances recognized the application as unfounded, having established that the basis for the creditor's application for declaring the debtor bankrupt is non-fulfillment of obligations established by the decision of the district court in another case on the recovery of funds. At the same time, the courts indicated that the debtor had been granted a stay of execution of the decision. In this regard, the courts concluded that the debtor does not have the characteristics necessary to declare a citizen bankrupt, and the proceedings are subject to termination.
The cassation sent the case for a new hearing, pointing out that the creditor promptly appealed the ruling of the court of general jurisdiction on granting a stay of execution of the court's decision in another case. However, these explanations of the creditor were not taken into account by the courts of the first and appellate instances, which did not clarify the issue of the creditor's complaint to the court of general jurisdiction.
In addition, the Court of Cassation indicated that a judicial act of a higher instance had overturned the decision of the court of general jurisdiction to grant a deferral, and the debtor had been denied a deferral. These circumstances were not taken into account by the lower courts when making decisions.
The court of cassation also drew attention to the fact that the court of first instance did not give a reasoned response to the debtor's request to suspend the proceedings in connection with special circumstances.
Photo: Freepik
05.12.2025
