RusBankrot
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08/09/2024
Sunday
THIS DAY IN HISTORY:
8 September 
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
8 September
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
THE PRESENCE OF CREDITORS' STATEMENTS EXCLUDES THE TERMINATION OF BANKRUPTCY PROCEEDINGS IF ONE OF THEM IS UNFOUNDED
The creditor appealed to the court with an application for declaring the debtor bankrupt (case No. A41-27427/23).
Having established the presence of signs of insolvency in the debtor and the failure to provide evidence of the impossibility of applying bankruptcy - debt restructuring procedure against the debtor (the debtor's lack of property and income), the court of first instance introduced debt restructuring procedure against the debtor, approved the financial manager and included the creditor's claims in the debtor's register.
The appeal terminated the bankruptcy proceedings based on the fact that the claim of the applicant creditor is unfounded, and the applications of other creditors were filed as applications for the inclusion of the creditor's claims in the debtor's register, and not as applications for declaring him bankrupt.
The cassation overturned the decision regarding the termination of proceedings in the case, noting that, taking into account the principle of procedural economy and the effectiveness of the administration of justice by the commercial court, when deciding whether there are grounds for termination of proceedings in the debtor's bankruptcy case, the procedural form of the creditor's appeal to the court for protection of his rights does not have legal significance: an application for recognition of the debtor as bankrupt or an application on the inclusion of claims in the register of claims of creditors of the debtor.
If the court finds that the claims satisfying the conditions of the Bankruptcy Law are justified and included in the register of creditors' claims of the debtor, the bankruptcy proceedings are not subject to termination.
The case materials confirm and establish by the court of appeal that the bank's claims are included in the register of creditors' claims of the debtor, among others. Considering that the size of these claims satisfies the conditions of the Bankruptcy Law, their validity has been verified by the court and confirmed by a judicial act that has entered into force, the panel of judges of the district court considers that there are no grounds for termination of proceedings in this case.
Having established the presence of signs of insolvency in the debtor and the failure to provide evidence of the impossibility of applying bankruptcy - debt restructuring procedure against the debtor (the debtor's lack of property and income), the court of first instance introduced debt restructuring procedure against the debtor, approved the financial manager and included the creditor's claims in the debtor's register.
The appeal terminated the bankruptcy proceedings based on the fact that the claim of the applicant creditor is unfounded, and the applications of other creditors were filed as applications for the inclusion of the creditor's claims in the debtor's register, and not as applications for declaring him bankrupt.
The cassation overturned the decision regarding the termination of proceedings in the case, noting that, taking into account the principle of procedural economy and the effectiveness of the administration of justice by the commercial court, when deciding whether there are grounds for termination of proceedings in the debtor's bankruptcy case, the procedural form of the creditor's appeal to the court for protection of his rights does not have legal significance: an application for recognition of the debtor as bankrupt or an application on the inclusion of claims in the register of claims of creditors of the debtor.
If the court finds that the claims satisfying the conditions of the Bankruptcy Law are justified and included in the register of creditors' claims of the debtor, the bankruptcy proceedings are not subject to termination.
The case materials confirm and establish by the court of appeal that the bank's claims are included in the register of creditors' claims of the debtor, among others. Considering that the size of these claims satisfies the conditions of the Bankruptcy Law, their validity has been verified by the court and confirmed by a judicial act that has entered into force, the panel of judges of the district court considers that there are no grounds for termination of proceedings in this case.
10.07.2024
