RusBankrot
We know everything about bankruptcy
03/03/2026
Tuesday
THIS DAY IN HISTORY:
3 March 
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
3 March
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
THE ISSUE OF THE REALITY OF BORROWED OBLIGATIONS IN THE FORMAL CONFIRMATION OF DEBT BY A DECISION
The creditor applied to the court for declaring the debtor insolvent (case no. A40-225669/24). The courts of two instances recognized the application as justified, based on the fact that the applicant's claim was confirmed by a judicial act of general jurisdiction that entered into force in another case, which was not quashed.
The cassation sent the dispute for reconsideration, pointing out that when verifying creditors' claims, the court must take into account the facts of the lender's financial ability to provide the loan amount, the purpose of granting and receiving the loan, as well as the expenditure of disputed funds by the debtor.
The court noted that the decision of the court of general jurisdiction did not investigate the facts of the creditor's financial ability to transfer borrowed funds to the debtor, evidence of their expenditure by the debtor and the purpose of the loan. Also, in the response to the creditor's claim, the defendant objected to the satisfaction of the stated claims, pointing out the lack of money for the loan.
Thus, the conclusions of the lower courts that the claims are subject to unconditional inclusion in the register of creditors' claims of the debtor as confirmed by the decision of the court of general jurisdiction that entered into force were made without taking into account the circumstances necessary for the study. In addition, when satisfying the creditor's claim, the applicant's actions aimed at compulsory debt collection were not subject to investigation.
Photo: Freepik
The cassation sent the dispute for reconsideration, pointing out that when verifying creditors' claims, the court must take into account the facts of the lender's financial ability to provide the loan amount, the purpose of granting and receiving the loan, as well as the expenditure of disputed funds by the debtor.
The court noted that the decision of the court of general jurisdiction did not investigate the facts of the creditor's financial ability to transfer borrowed funds to the debtor, evidence of their expenditure by the debtor and the purpose of the loan. Also, in the response to the creditor's claim, the defendant objected to the satisfaction of the stated claims, pointing out the lack of money for the loan.
Thus, the conclusions of the lower courts that the claims are subject to unconditional inclusion in the register of creditors' claims of the debtor as confirmed by the decision of the court of general jurisdiction that entered into force were made without taking into account the circumstances necessary for the study. In addition, when satisfying the creditor's claim, the applicant's actions aimed at compulsory debt collection were not subject to investigation.
Photo: Freepik
12.01.2026
