THE COURT REFUSED TO DISCHARGE THE DEBTS OF THE INDIVIDUAL DUE TO HIS UNCONSCIONABILITY

During the completion of the procedure for the sale of the property of an individual debtor, the commercial court considered the manager's petition to discharge the remaining part of the debt. The courts of first and appellate instance upheld the application, but the district court doubted the correctness of their actions.

The reason for doubts was the arguments of one of the creditors - a commercial bank that pointed out that the debtor had misled him. The fact is that when concluding a loan agreement, a citizen filled out a questionnaire in which he confirmed that he had no debts at the moment of taking out a loan.

However, later it turned out that he had the debts under two loan agreements in other banks.

Subsequently, they also became the creditors of the debtor in the bankruptcy proceedings.

The District court, considering the complaint, indicated that the statutory possibility of the debt discharge in the framework of an insolvency case is not permissible in a situation where the creditor is misled when concluding an agreement with him. The debtor's release from further debt repayment directly depends on the good faith of his behavior, which in this case cannot be stated.

As a result, the decisions of the lower courts were canceled, and the court of first instance will have to reconsider the case taking into account the mistakes made (determination No. Ф09-4404 / 20 of September 21, 2020).