RusBankrot
We know everything about bankruptcy
01/01/2025
Wednesday
THIS DAY IN HISTORY:
1 January 
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
1 January
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
THE DEBTOR IS RESPONSIBLE FOR WHAT HE MORTGAGED
PJSC Bank Otkritie Financial Corporation has filed a cassation appeal to the court against judicial acts on the termination of bankruptcy proceedings against the debtor Dmitry Yuryevich Naumkin and the release of the latter from obligations. The Arbitration Court of the West Siberian District annulled the acts of lower instances and sent the case for reconsideration (Resolution of the AC of the ZSO dated October 20, 2023 in case No. A27-9181/22).
The essence of the dispute
By the decision of the arbitration court of 06.12.2022 Naumkin Dmitry Yuryevich was declared bankrupt, a procedure for the sale of property was introduced against him. In April 2023, the Arbitration Court of the Kemerovo Region, by its ruling, completed the bankruptcy procedure and released the debtor from his obligations. This ruling was supported by an appeal in July of the same year.
The bank, which did not agree with the conclusions of the courts, appealed to the cassation with a complaint, within which it asked to cancel the judicial acts adopted in terms of releasing Naumkin from fulfilling obligations to creditors.
The credit institution indicated that the courts had not established the circumstances and reasons for the debtor's actual absence of collateral, namely the Mitsubishi Lancer car. The Bank indicated that the loss of this car led to the impossibility of forming the debtor's bankruptcy estate.
The position of the lower courts
The first instance and the appeal, in agreement with each other, completed the bankruptcy procedure against Naumov and released him from his obligations. They rejected the objections of the credit institution about the debtor's failure to take measures aimed at preserving the collateral, hiding the circumstances of the alienation of this property, as well as not informing the creditor about the retirement of the vehicle from the debtor's possession.
The lower authorities did not see in Naumov's actions an unlawful intent to conceal or destroy the car.
The position of the District Court
The Court of Cassation overturned the judicial acts of the lower courts, sending the material for reconsideration.
The formation of the position of the district court was formed from the following factors:
The fact that the debtor disposed of the collateral without the consent of the collateral creditor led to the impossibility of satisfying the requirements of the credit institution under the credit agreement at the expense of the cost of the vehicle.
The circumstances established in the court session of Naumov's acquisition of the disputed property and its loss when the debtor failed to disclose information about the fate of the vehicle, as well as his failure to perform registration actions in relation to the car, refutes the arguments of lower courts about the debtor's integrity.
Photo: Freepik
The essence of the dispute
By the decision of the arbitration court of 06.12.2022 Naumkin Dmitry Yuryevich was declared bankrupt, a procedure for the sale of property was introduced against him. In April 2023, the Arbitration Court of the Kemerovo Region, by its ruling, completed the bankruptcy procedure and released the debtor from his obligations. This ruling was supported by an appeal in July of the same year.The bank, which did not agree with the conclusions of the courts, appealed to the cassation with a complaint, within which it asked to cancel the judicial acts adopted in terms of releasing Naumkin from fulfilling obligations to creditors.
The credit institution indicated that the courts had not established the circumstances and reasons for the debtor's actual absence of collateral, namely the Mitsubishi Lancer car. The Bank indicated that the loss of this car led to the impossibility of forming the debtor's bankruptcy estate.
The position of the lower courts
The first instance and the appeal, in agreement with each other, completed the bankruptcy procedure against Naumov and released him from his obligations. They rejected the objections of the credit institution about the debtor's failure to take measures aimed at preserving the collateral, hiding the circumstances of the alienation of this property, as well as not informing the creditor about the retirement of the vehicle from the debtor's possession.The lower authorities did not see in Naumov's actions an unlawful intent to conceal or destroy the car.
The position of the District Court
The Court of Cassation overturned the judicial acts of the lower courts, sending the material for reconsideration.The formation of the position of the district court was formed from the following factors:
The fact that the debtor disposed of the collateral without the consent of the collateral creditor led to the impossibility of satisfying the requirements of the credit institution under the credit agreement at the expense of the cost of the vehicle.
The circumstances established in the court session of Naumov's acquisition of the disputed property and its loss when the debtor failed to disclose information about the fate of the vehicle, as well as his failure to perform registration actions in relation to the car, refutes the arguments of lower courts about the debtor's integrity.
Photo: Freepik
24.10.2023
