PREMATURE RELEASE FROM OBLIGATIONS IS UNACCEPTABLE

The financial manager applied to the court for the completion of the procedure for the sale of the debtor's property (case no. A49-11285/21).

In releasing the debtor from its obligations, the courts of two instances concluded that the case materials did not contain evidence indicating the presence of abuses in the debtor's actions aimed at intentionally avoiding repayment of debts, or committing actions that impede the bankruptcy procedure, including actions to conceal liquid assets.

The cassation sent the issue for reconsideration, since when investigating the circumstances of abuse on the part of the debtor in the form of evasion from repayment of accounts payable, concealment of information about the expenditure of funds received as a result of the sale of property, the courts did not assess the creditor's arguments.

The courts did not take into account the creditor's argument that the circumstances of the sale of cars in the bankruptcy case were not investigated.