RusBankrot
We know everything about bankruptcy
21/04/2026
Tuesday
THIS DAY IN HISTORY:
21 April 
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Women in France received a right to vote
1970 Women in France received a right to vote
1970 The new capital of Siam, known as Bangkok, was founded
1970 The new capital of Siam, known as Bangkok, was founded
21 April
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Russia ratified the agreement on the complete cessation of nuclear tests
1970 Women in France received a right to vote
1970 Women in France received a right to vote
1970 The new capital of Siam, known as Bangkok, was founded
1970 The new capital of Siam, known as Bangkok, was founded
THE INADMISSIBILITY OF THE SALE OF ASSETS OF THE DEBTOR BEFORE THE LIFTING OF THE ARREST IMPOSED IN THE FRAMEWORK OF THE CRIMINAL CASE
The manager applied to the court to resolve the differences that had arisen between the manager and the creditors and requested that the sale of the debtor's property be prohibited until a judicial act was issued to lift the arrests imposed on the debtor's property in the framework of the criminal case (case no. A73-6922/18).
The court of first instance granted the application, recognizing the arguments of the manager as justified.
The appeal rejected the application, based on the fact that the approval of the regulations on the procedure and conditions for the sale of property does not in itself entail its implementation. In this regard, the appeal indicated that the current arrest does not prevent the approval of this provision.
The cassation upheld the ruling of the first instance and noted that the sale of the debtor's property, which was seized in the framework of a criminal case, is unacceptable until such arrest is lifted.
Contrary to the position of the court of appeal, the sale of the debtor's property, burdened with arrest (imposed in a criminal case to enforce a sentence in a civil claim), prior to the lifting of this arrest, contradicts the essence of this institution and entails a violation of regulatory requirements. The fact that information about encumbrances is publicly disclosed by inclusion in the bidding documentation does not change this conclusion.
Photo: Freepik
The court of first instance granted the application, recognizing the arguments of the manager as justified.
The appeal rejected the application, based on the fact that the approval of the regulations on the procedure and conditions for the sale of property does not in itself entail its implementation. In this regard, the appeal indicated that the current arrest does not prevent the approval of this provision.
The cassation upheld the ruling of the first instance and noted that the sale of the debtor's property, which was seized in the framework of a criminal case, is unacceptable until such arrest is lifted.
Contrary to the position of the court of appeal, the sale of the debtor's property, burdened with arrest (imposed in a criminal case to enforce a sentence in a civil claim), prior to the lifting of this arrest, contradicts the essence of this institution and entails a violation of regulatory requirements. The fact that information about encumbrances is publicly disclosed by inclusion in the bidding documentation does not change this conclusion.
Photo: Freepik
15.04.2026
