RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE LIMITS OF THE APPLICATION OF JUDICIAL PENALTIES IN BANKRUPTCY PROCEEDINGS
The creditor applied for the recovery of a court penalty from the debtor for non-execution of the judicial act (case no. A40-275969/21).
Partially satisfying the application, the courts of two instances proceeded from the fact that the requested information and documents were not fully provided by the debtor. The courts pointed out that the debtor's failure to submit the requested documents complicates the conduct of bankruptcy proceedings, and therefore the recovery of a reduced court penalty from the debtor in favor of the creditor meets the requirements of proportionality and will achieve a balance of interests of the parties.
In rejecting the application, the cassation noted that the provisions of the bankruptcy law provide for other legal consequences for a debtor citizen who refuses to cooperate in good faith with a financial manager.
The Court noted that the purpose of the provisions of the bankruptcy legislation is to ensure the good faith cooperation of the debtor with the court, the financial manager and creditors. These rules are aimed at preventing the concealment by the debtor of circumstances that may adversely affect the possibility of maximum satisfaction of creditors' claims.
In addition, the court emphasized that declaring a person insolvent excludes the possibility of charging him interest, penalties and other sanctions for non-fulfillment or improper fulfillment of civil obligations. The collection of a court penalty will not perform the stimulating function of an instrument of legal influence due to the impossibility of disposing of his property and adverse material consequences for his creditors.
Thus, a person who has been declared insolvent does not manage his own property, and financial and other sanctions cannot be imposed on him for non-fulfillment of civil obligations. In this case, the rights and legitimate interests of creditors are subject to protection through a mechanism for not releasing the debtor from further fulfillment of obligations to creditors under the rules of bankruptcy law.
In the present case, the courts had no grounds for collecting a court penalty from the debtor for each day of non-fulfillment of the court's ruling on the demand for information and documents.
Photo: Freepik
Partially satisfying the application, the courts of two instances proceeded from the fact that the requested information and documents were not fully provided by the debtor. The courts pointed out that the debtor's failure to submit the requested documents complicates the conduct of bankruptcy proceedings, and therefore the recovery of a reduced court penalty from the debtor in favor of the creditor meets the requirements of proportionality and will achieve a balance of interests of the parties.
In rejecting the application, the cassation noted that the provisions of the bankruptcy law provide for other legal consequences for a debtor citizen who refuses to cooperate in good faith with a financial manager.
The Court noted that the purpose of the provisions of the bankruptcy legislation is to ensure the good faith cooperation of the debtor with the court, the financial manager and creditors. These rules are aimed at preventing the concealment by the debtor of circumstances that may adversely affect the possibility of maximum satisfaction of creditors' claims.
In addition, the court emphasized that declaring a person insolvent excludes the possibility of charging him interest, penalties and other sanctions for non-fulfillment or improper fulfillment of civil obligations. The collection of a court penalty will not perform the stimulating function of an instrument of legal influence due to the impossibility of disposing of his property and adverse material consequences for his creditors.
Thus, a person who has been declared insolvent does not manage his own property, and financial and other sanctions cannot be imposed on him for non-fulfillment of civil obligations. In this case, the rights and legitimate interests of creditors are subject to protection through a mechanism for not releasing the debtor from further fulfillment of obligations to creditors under the rules of bankruptcy law.
In the present case, the courts had no grounds for collecting a court penalty from the debtor for each day of non-fulfillment of the court's ruling on the demand for information and documents.
Photo: Freepik
08.09.2025
