RusBankrot
We know everything about bankruptcy
16/05/2025
Friday
THIS DAY IN HISTORY:
16 May 
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
16 May
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
SUSPICIOUS PAYMENTS BY THE DEBTOR DURING THE BANKRUPTCY PERIOD MAY INDICATE BAD FAITH
In the framework of the bankruptcy case of a citizen (No. A52-4948/19), the courts considered the issue of completing the sale of property.
The courts of two instances released the debtor from obligations, referring to the fact that the signs of deliberate (fictitious) bankruptcy of the debtor were not identified, the circumstances indicating the abuse of the debtor's rights and other deliberately unfair behavior to the detriment of creditors were not established during the consideration of the debtor's bankruptcy case.
The cassation sent the dispute for a new review, noting that payments in favor of third parties were made by the debtor both after the court accepted the bankruptcy application for its production, and after the introduction of the procedure for restructuring the debts of a citizen in relation to the debtor. At the same time, information about the purpose of payments made during the specified period has not been disclosed by the debtor, and the relevant documents have not been submitted to the financial manager.
Whether the mentioned actions (inaction) of the debtor indicate that he maliciously evaded repayment of debts to creditors and evaded taxes, which is the basis for non-application of the rules on exemption from performance of obligations against the debtor, the courts of the first and appellate instances have not established.
The courts of two instances released the debtor from obligations, referring to the fact that the signs of deliberate (fictitious) bankruptcy of the debtor were not identified, the circumstances indicating the abuse of the debtor's rights and other deliberately unfair behavior to the detriment of creditors were not established during the consideration of the debtor's bankruptcy case.
The cassation sent the dispute for a new review, noting that payments in favor of third parties were made by the debtor both after the court accepted the bankruptcy application for its production, and after the introduction of the procedure for restructuring the debts of a citizen in relation to the debtor. At the same time, information about the purpose of payments made during the specified period has not been disclosed by the debtor, and the relevant documents have not been submitted to the financial manager.
Whether the mentioned actions (inaction) of the debtor indicate that he maliciously evaded repayment of debts to creditors and evaded taxes, which is the basis for non-application of the rules on exemption from performance of obligations against the debtor, the courts of the first and appellate instances have not established.
17.12.2024
