We know everything about bankruptcy
19/09/2024
Thursday
19 September 
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Supreme Court of Russia resolved the dispute with the missing cars of debtor
Within the framework of the bankruptcy case of an individual, the question about the whereabouts of three vehicles that had been registered at the debtor’s possession arose. The latter explained that long before the insolvency proceedings were initiated, the cars had been dismantled for parts and dropped out of his possession.
This was doubted by one of the creditors, who appealed to the prosecutor's office with a complaint about unlawful actions in bankruptcy and demanded that the debtor should be brought to administrative responsibility.
The prosecutor tried to find the vehicles, but did not find any information about them. He could not ask the debtor himself, since he arrived at the place of registration and found out that he was not there.
After the prosecutor's refusal to initiate a case, the creditor challenged this act in court, but three instances in a row sided with the supervisory authority. The situation was changed by the Supreme Court of the Russian Federation, to which a complaint against previously issued judicial acts was filed.
In the course of hearings, the applicant's lawyer explained that the purpose of bringing the debtor to administrative responsibility was to deprive him of the right to write off the debts due to unlawful actions, reports Pravo.ru.
Then the judicial board asked the prosecutor whether he could have taken additional measures to search for property, for example, to go to the Moscow region - to the address of actual residence declared by the debtor to check it for the presence of cars.
To this, the prosecutor replied that such actions were beyond his competence, since the issue was related to another region.
As a result of the consideration of the complaint, decisions made by the lower courts were canceled, and the case was sent for reconsideration at the court of first instance (decision No. 305-ES21-12907 in case ¹ A40-163593 / 2020 of November 3, 2021).
