THE COURTS IGNORED THE DECISION OF THE GENERAL JURISDICTION – THE CASSATION CORRECTED

In the framework of the bankruptcy case of a citizen (No. A40-134808/21), the creditor applied for the inclusion of the claim in the debtor's register. The claim was based on the decision of the court of general jurisdiction, which entered into force, according to which funds were recovered from the debtor in favor of the creditor.

The courts of two instances refused to satisfy the application, referring to the nullity of the transaction concluded between the debtor and the creditor, despite the fact that this transaction formed the basis of the above decision.

The cassation sent the dispute for a new consideration, pointing out that the courts had no right to ignore the judicial act that had entered into force, since it had not been canceled in accordance with the procedure established by law.

Photo: Freepik