RusBankrot
We know everything about bankruptcy
03/05/2024
Friday
THIS DAY IN HISTORY:
3 May 
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
3 May
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
THE DEBTOR MAY PROVIDE FALSE INFORMATION ABOUT INCOME WHEN CONCLUDING A LOAN AGREEMENT
In the framework of the bankruptcy case of a citizen, the courts considered the issue of releasing the debtor from obligations following the results of the procedure (case No. A56-57694/21).
The courts of two instances refused to release the citizen from debts, arguing that there was bad faith in the actions of the debtor. The courts noted that when assuming obligations to the bank, the debtor provided false information about his income.
The cassation abolished judicial acts of lower instances, applying the rules on release from obligations to the debtor and proceeded from the following:
• A credit institution, assessing its risks, has the right to refuse to provide a loan to a potential borrower, since it is not obliged to provide funds to each person who applied for a loan.
• The conclusion of a loan agreement is carried out only after the lender verifies the information and documents provided and establishes the fact that the borrower has the financial ability to repay the loan.
• At the same time, the debtor's financial ability to fulfill obligations under the loan agreement at the time of receipt of funds is confirmed by the actions of the debtor, who for almost two years repaid loan obligations to the bank on time, as well as other creditors, in connection with which there are grounds to believe that the debtor entered into a credit relationship, obviously not having the purpose of paying off the loan, that is, acting with abuse of law, was not available to the courts of first and appellate instance.
• The citizen explained the circumstances of providing the banks with information about the income that he actually received, but was not reflected in the certificates on the form 2-personal income tax.
• In such circumstances, taking into account that the debtor has properly fulfilled the obligations from the loan agreements, the indication by the debtor of the amount of income that does not correspond to the certificate on form 2-personal income tax is not a sufficient reason for refusing to apply the rule on the debtor's exemption from further fulfillment of creditors' claims.
The courts of two instances refused to release the citizen from debts, arguing that there was bad faith in the actions of the debtor. The courts noted that when assuming obligations to the bank, the debtor provided false information about his income.
The cassation abolished judicial acts of lower instances, applying the rules on release from obligations to the debtor and proceeded from the following:
• A credit institution, assessing its risks, has the right to refuse to provide a loan to a potential borrower, since it is not obliged to provide funds to each person who applied for a loan.
• The conclusion of a loan agreement is carried out only after the lender verifies the information and documents provided and establishes the fact that the borrower has the financial ability to repay the loan.
• At the same time, the debtor's financial ability to fulfill obligations under the loan agreement at the time of receipt of funds is confirmed by the actions of the debtor, who for almost two years repaid loan obligations to the bank on time, as well as other creditors, in connection with which there are grounds to believe that the debtor entered into a credit relationship, obviously not having the purpose of paying off the loan, that is, acting with abuse of law, was not available to the courts of first and appellate instance.
• The citizen explained the circumstances of providing the banks with information about the income that he actually received, but was not reflected in the certificates on the form 2-personal income tax.
• In such circumstances, taking into account that the debtor has properly fulfilled the obligations from the loan agreements, the indication by the debtor of the amount of income that does not correspond to the certificate on form 2-personal income tax is not a sufficient reason for refusing to apply the rule on the debtor's exemption from further fulfillment of creditors' claims.
30.01.2024
