We know everything about bankruptcy
28/12/2024
Saturday
28 December 
1970 the Novosibirsk Metro was commissioned.
1970 A public screening of the Lumiere Brothers Cinematography took place, the birth of cinema.
1970 The first chewing gum was patented in Ohio.
THE SUPREME COURT OF RUSSIA: TERMINATION OF BANKRUPTCY CASE IS NOT A GROUND FOR A DENIAL OF A WRIT OF EXECUTION ISSUANCE
The judges of three instances rejected the claim, but the Supreme Court of Russia considered this position to be incorrect.
Having refused to issue a writ of execution, the courts of the first and appellate instances referred to the lack of such a procedural possibility, given that the bankruptcy proceedings had already been terminated.
The district court did not agree with colleagues, having indicated that the issuance of a writ of execution on the basis of a ruling on inclusion in the register of creditors’ claims was possible if the debtor had not lost his legal capacity. However, the creditor's claim was based on another judicial act issued earlier, according to which the writ of execution had already been issued.
The representatives of the Supreme Court supported the district court in terms of the possibility of issuing an executive document based on the ruling on the inclusion of debt in the register of creditors’ claims, having indicated the possibility of applying the analogy of the law in this case. However, with regard to a judicial act that had already been issued earlier on the same issue, the Supreme Court recalled that it concerned the collection of a forfeit under a contract. At the same time, as part of the consideration of the petition to be included in the register of creditors’ claims, the issue of the balance of mutual claims of the parties was considered.
The result of the consideration of the case was the cancellation of the decisions made and the sending of the claim for reconsideration (ruling No. 305-ES20-21887 of April 15, 2021).
