THE DEBT FORMED AS A RESULT OF FRAUD CAUSES HARM TO THE BANKRUPT

As part of the bankruptcy case, the debtor's petition for suspension of proceedings was submitted to the courts (case no. A76-24809/21). In support of the application, the debtor pointed to the fact that the court of general jurisdiction considered a criminal case on fraud against the majority creditor, the debt to which, in the debtor's opinion, was formed as a result of illegal actions, however, was confirmed by a court decision.

The first instance suspended the proceedings, noting that the judicial act of the district court, based on the results of the consideration of the criminal case against the creditor, can confirm or refute the debtor's arguments put in support of the application.

The appeal did not agree with the arguments of the ruling, sending the issue for a new consideration and pointing out that the unjustified suspension of proceedings in this bankruptcy case may upset the balance of interests of other persons involved in this case, in particular, persons to whom the debtor has debts included in the register of creditors' claims of the debtor.

The district court upheld the ruling of the first instance, recognizing the legitimacy of the conclusion that the introduction of the following bankruptcy procedure involving the sale of property against the debtor, in the absence of a judicial act on a criminal case that has entered into force, may harm the debtor.

The court noted that the preliminary investigation body came to the conclusion that the creditor, unwilling to pay for the goods received from the debtor and reliably knowing that as a result of his fraudulent actions, the debtor does not have the documents signed by the creditor necessary to confirm the fact of fulfillment of obligations to deliver the goods, appealed to the court with a claim for recovery he has debts.

Thus, in the absence of objections to the suspension of the proceedings on the part of other creditors, the application was subject to satisfaction.

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