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 SPECIFICS OF CALCULATING INSURANCE COMPENSATION WHEN CHANGING THE CU
The Company applied to the court for the inclusion of claims in the debtor's register (case no. A40-60322/21).
The courts of two instances recognized the company's claims as justified in part, based on the calculation of the period of damage and the validity of the insurance contract.
It was established that the offense lasted for a certain period, during which losses were caused to the company. The amount of insurance compensation was calculated based on the duration of the offense and the total amount of damage caused.
The cassation changed the judicial acts in terms of the amount of claims to be included, and noted the following:
Photo: Freepik
The courts of two instances recognized the company's claims as justified in part, based on the calculation of the period of damage and the validity of the insurance contract.
It was established that the offense lasted for a certain period, during which losses were caused to the company. The amount of insurance compensation was calculated based on the duration of the offense and the total amount of damage caused.
The cassation changed the judicial acts in terms of the amount of claims to be included, and noted the following:
- The courts incorrectly determined the period of the continuing offense, since they did not take into account the absence of the bankruptcy trustee in a certain period of time, as well as the cancellation of judicial acts on the completion of bankruptcy proceedings. Thus, it is necessary to agree with the arguments of the creditor's cassation complaint about the need to calculate the period of the offense based on its duration during the relevant periods of performance of the powers of the head of the company by bankruptcy administrators.
- Taking into account the termination of the insurance contract, the courts made the correct conclusion about the calculation of insurance compensation based on the period of improper performance of duties by the bankruptcy trustee.
Photo: Freepik
03.09.2025
