RECOVERY OF AN ASSET THAT IS ACTUALLY MISSING FROM THE DEBTOR

RECOVERY OF AN ASSET THAT IS ACTUALLY MISSING FROM THE DEBTOR

RECOVERY OF AN ASSET THAT IS ACTUALLY MISSING FROM THE DEBTOR
The manager applied for the recovery of a vehicle from the debtor with information and documents regarding it (case no. A40-46025/24).

In granting the application, the courts of two instances proceeded from the fact that the vehicle had not been transferred by the debtor at the request of the debtor's manager. 

The cassation refused to satisfy the application, noting that the issuance of an unenforceable judicial act is unacceptable. In the opinion of the instance, the court of appeal, rejecting the debtor's arguments, pointed solely to the debtor's procedural violation (late submission of evidence - a certificate from the traffic police, which, in the debtor's opinion, is confirmation of the fact that he does not have a vehicle). At the same time, the court of appeal assessed this evidence, in fact, attaching it to the case file. 

Meanwhile, it follows from the certificate that the debtor previously owned a vehicle, but it was "removed from the register in connection with the sale (transfer) of this vehicle to another person). This certificate is signed by the head of the police department and has a seal. No one has proved otherwise, the debtor's arguments and the evidence presented by him have not been refuted by anyone. The arguments given by the debtor and the evidence presented by him testified to an objective obstacle to transfer the vehicle, the PTC, the vehicle registration certificate and the keys to the manager. 

 

Photo: Freepik

27.02.2026