THE DEBTOR'S MILITARY SERVICE DOES NOT PRECLUDE THE CONSIDERATION OF A DISPUTE ON EXCLUSION FROM THE REGISTER

THE DEBTOR'S MILITARY SERVICE DOES NOT PRECLUDE THE CONSIDERATION OF A DISPUTE ON EXCLUSION FROM THE REGISTER

THE DEBTOR'S MILITARY SERVICE DOES NOT PRECLUDE THE CONSIDERATION OF A DISPUTE ON EXCLUSION FROM THE REGISTER
The debtor applied to the court for the exclusion of the bank's claims from the register (case no. A40-221162/20).

The courts of two instances suspended the dispute proceedings until the debtor completes his military service.

The cassation sent the dispute for a new hearing, pointing out that the only condition under which this separate dispute can be considered by the court before the return of the participant in the Special Military Operation is his request for consideration of the case in his absence.

In the present case, the debtor who initiated the consideration of this separate dispute, having independently disposed of his procedural rights, sent a corresponding procedural motion to the court of first instance to consider the application in his absence. However, the court of first instance rejected the debtor's will without an appropriate legal assessment.

The court of appeal did not correct the error made by the court of first instance, despite the fact that the debtor's will was aimed specifically at considering the merits of his application to exclude the bank's claims from the register of creditors' claims of the debtor, as a result, the purpose of justice was not achieved.

 

Photo: Freepik

10.04.2026