We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
THE SUPREME COURT OF RUSSIA OUTLINED THE GROUNDS FOR CANCELLATION OF MORATORIUM ON BANKRUPTCY
The moratorium on bankruptcy, introduced this year by the Government of the Russian Federation, often becomes a reason for litigation. One of the reasons is the spread of its effect in situations of bad faith of the debtor, when the latter does not pay the bills, simply covering them with the rule of law.
According to the general rule, penalties and other financial sanctions for debt obligations that have arisen are not subject to the moratorium. But in some cases, the highest court makes an exception.
It is possible if the following circumstances are proved in court:
- the debtor has not actually suffered from the effects of the pandemic;
- the debtor's references to the moratorium on bankruptcy are deliberately unfair behavior on his part.
In such cases, the judicial authority, depending on the circumstances of the case, has a right to make a decision on the cancellation of the application of the moratorium.
What is more, the Highest Court recalled that the payment of interest on loans and borrowings is not a financial sanction and therefore the moratorium cannot exempt from these obligations (resolution of the Plenum of the Supreme Court of the Russian Federation of December 24, 2020 N 44).
