TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

An unexpected at first glance decision has been recently made by the Collegium of the Commercial Court of the North-Western District. The judges considered a case on challenging the decisions of the lower courts - the issue was related to the termination of insolvency proceedings due to the partial repayment of the debt by a third party.

The initiator of the proceedings was the creditor, who was not satisfied with this state of affairs, since in such an action, he only saw an attempt to quickly complete the bankruptcy, but not the debtor's desire to pay off the debt.

As it usually happens, first the creditor applied to the court, received a court ruling to recover 309 thousand rubles, then a writ of execution, but the defendant never returned anything.

Then the plaintiff applied to the court again, but this time with a statement of insolvency of his debtor.

However, at the stage of considering the validity of the application, the court received 2 payment orders, confirming the fact of partial repayment of the debt in the amount of 19 thousand rubles.

After that, the court of the first instance, the position of which was upheld by the court of appeal, terminated the proceedings, having indicated that the amount was less than the minimum acceptable limit.

Despite this, the district court expressed a diametrically opposite opinion, reminding the judges that in such a situation, they should have assessed the debtor's actions for abuse of the right, as well as checked his actual solvency (decision in case No.A56-35673 / 2020 dated January 15, 2021).