We know everything about bankruptcy
20/05/2024
Monday
20 May 
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
THE DISTRICT COURT PUT AN END IN THE CASE OF HEIRS OF THE DEBTOR AND CREDITOR
Initially, two spouses (the deceased creditor and his wife) borrowed a large sum of money from the applicant's husband in the present case. He did not pay the money out and then died.
The inheritance was opened, and the debt under the contract passed to his wife.
After that, one of the lenders, the spouse of the future bankrupt creditor, also died, and then his wife went to court demanding to recover money from the wife of the deceased debtor. The judicial authority recognized the claims as justified and satisfied the claim.
After that, the creditor's widow went to arbitration court and demanded that the wife of the deceased debtor should be recognized as insolvent, since she had not returned the debt. The arbitration court initiated a case and introduced a procedure for the sale of property against the woman.
However, the bankrupt widow, being on the verge of insolvency, initiated the bankruptcy procedure of her deceased husband, simultaneously announcing the exclusion of the creditor's widow's claim from her bankruptcy estate.
She was told that in the presence of claims in both bankruptcy cases there was a risk of duplication, which, in her opinion, was unacceptable.
The courts of the first and the appeal instances agreed with this position and satisfied the application, but the district court stated the following.
The situation of doubling debt in bankruptcy is not rare and occurs, in particular, in the presence of joint claims of the main borrower and his guarantors. Applications for inclusion in the register of creditors’ claims can be filed within the framework of the bankruptcy of several debtors, as this is not prohibited by law.
Moreover, earlier the court had already made a decision to recover the debt from the heiress of the deceased borrower, which means that the inclusion of such a requirement in the insolvency case was not a mistake.
As a result, both rulings of the lower courts were cancelled, and the claim remained in the register of creditors’ claims of the borrower's widow (ruling in case No. À41-31815 / 2017 of March 29, 2021).
