THIS DAY IN HISTORY:
14 May 1970 The creation of the CIS Economic Union.1970 The creation of the CIS Economic Union.1970 The establishment of the state of Israel and declaration of its independence.1970 The establishment of the state of Israel and declaration of its independence.1970 The sale of serfs at the public auctions was prohibited in Russia.1970 The sale of serfs at the public auctions was prohibited in Russia.
THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS
THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS
The arbitration manager appealed to the court with an application for the completion of the sale of the property. The debtor was released from obligations by two instances, however, the district court did not agree with the lower courts, canceled their judicial acts and sent the dispute for a new hearing (Resolution of the Arbitration Court of the Moscow Region dated November 21, 2023 in case No. A40-260040/20).
In 2021, I.A. Polyakova was declared bankrupt, and a property sale procedure was introduced in her regard. In 2023, the procedure was completed.
PJSC Bank Uralsib did not agree with the adopted judicial acts, as a result of which it appealed to the district court with a cassation appeal.
Two instances released the debtor from fulfilling obligations and completed the procedure for the sale of property.
The Court of Cassation did not share the position of the lower courts, annulled their judicial acts and sent the dispute for a new examination, indicating that not all necessary measures had been taken. The sale of a real estate object, even at cadastral value, would allow meeting the requirements of the collateral creditor in almost full.
A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation
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