RusBankrot
We know everything about bankruptcy
22/10/2024
Tuesday
THIS DAY IN HISTORY:
22 October 
1970 Joseph Brodsky received the Nobel Prize in Literature.
1970 The Pope overturned the verdict of 1633, condemning Galileo.
1970 Bankers' Panic or Knickerbocker Crisis.
22 October
1970 Joseph Brodsky received the Nobel Prize in Literature.
1970 The Pope overturned the verdict of 1633, condemning Galileo.
1970 Bankers' Panic or Knickerbocker Crisis.
THE QUESTION OF WHETHER THE DEBTOR HAS THE STATUS OF A SERVICEMAN IS IMPORTANT IN BANKRUPTCY
The bank applied to the court to declare the citizen bankrupt (case no. A42-2100/23).
The courts of two instances recognized the application as justified, after which the debtor's ex-wife appealed to the court with a cassation complaint against judicial acts.
The district court sent the case for reconsideration and noted the following:
• The Bank and the person not involved in the case, Rosvoenipoteka, do not deny that the debtor continues to be a participant in the accumulative mortgage system of housing for military personnel and is an active serviceman.
• Due to the non-involvement in the Rosovenipoteka case, the courts have not established such essential circumstances for the case as whether the target housing loan agreement continues to be valid and whether the statement of the serviceman on the termination of the transfer of funds of the target housing loan is the basis for the termination of such an agreement and/or the termination of the transfer of funds by Rosvoenipoteka in order to repay mortgage obligations.
• There is no information on amendments to the loan agreement in connection with the borrower's request to Rosvoenipoteka to stop transferring funds to repay the relevant obligations in the case file.
• The failure to participate in the Rosvoenipoteka case and the lack of clarification of the circumstances essential to the case led to the imposition on the serviceman of the obligation to fulfill the terms of the loan agreement at his own expense if there is (until otherwise established) an existing agreement on the provision of funds for a targeted housing loan at the expense of the Ministry of Defense of the Russian Federation.
The courts of two instances recognized the application as justified, after which the debtor's ex-wife appealed to the court with a cassation complaint against judicial acts.
The district court sent the case for reconsideration and noted the following:
• The Bank and the person not involved in the case, Rosvoenipoteka, do not deny that the debtor continues to be a participant in the accumulative mortgage system of housing for military personnel and is an active serviceman.
• Due to the non-involvement in the Rosovenipoteka case, the courts have not established such essential circumstances for the case as whether the target housing loan agreement continues to be valid and whether the statement of the serviceman on the termination of the transfer of funds of the target housing loan is the basis for the termination of such an agreement and/or the termination of the transfer of funds by Rosvoenipoteka in order to repay mortgage obligations.
• There is no information on amendments to the loan agreement in connection with the borrower's request to Rosvoenipoteka to stop transferring funds to repay the relevant obligations in the case file.
• The failure to participate in the Rosvoenipoteka case and the lack of clarification of the circumstances essential to the case led to the imposition on the serviceman of the obligation to fulfill the terms of the loan agreement at his own expense if there is (until otherwise established) an existing agreement on the provision of funds for a targeted housing loan at the expense of the Ministry of Defense of the Russian Federation.
15.10.2024
