RusBankrot
We know everything about bankruptcy
29/12/2024
Sunday
THIS DAY IN HISTORY:
29 December 
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
29 December
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
UNJUSTIFIED CANCELLATION OF THE RESTRUCTURING PLAN IS UNACCEPTABLE
In the framework of the bankruptcy case (No. A73-13943/20), a plan for restructuring the debts of a citizen was approved between the debtor and the bank, the cancellation of which was requested by the bank in connection with the improper performance of the debtor's obligations. The courts of two instances agreed with the arguments of the bank, noting that the fact of violation by the debtor of the obligations imposed on him by the debt restructuring plan of the citizen was confirmed.
The district court sent the dispute for a new review, pointing out that the courts had to make sure that the debt restructuring was real or hopeless, taking into account ensuring the fulfillment of the debtor's obligations to the main creditor and the applicant for cancellation of the restructuring plan (bank) not only with a mortgage, but also with a guarantee, taking into account also the debtor's being married and the legal regime property of spouses. At the same time, it was necessary to proceed from the guaranteed right to housing, which, in case of encumbrance of an apartment with a mortgage, can be implemented by using, as a matter of priority, alternative methods of debt repayment to foreclosure on the subject of mortgage.
In this case, the possible listed circumstances were not clarified, the options for repayment of the debt, without foreclosure on the apartment as a subject of mortgage, were not considered, which resulted in, among other things, non-involvement in the case of the guarantor for the debtor's credit obligations and his spouse.
The district court sent the dispute for a new review, pointing out that the courts had to make sure that the debt restructuring was real or hopeless, taking into account ensuring the fulfillment of the debtor's obligations to the main creditor and the applicant for cancellation of the restructuring plan (bank) not only with a mortgage, but also with a guarantee, taking into account also the debtor's being married and the legal regime property of spouses. At the same time, it was necessary to proceed from the guaranteed right to housing, which, in case of encumbrance of an apartment with a mortgage, can be implemented by using, as a matter of priority, alternative methods of debt repayment to foreclosure on the subject of mortgage.
In this case, the possible listed circumstances were not clarified, the options for repayment of the debt, without foreclosure on the apartment as a subject of mortgage, were not considered, which resulted in, among other things, non-involvement in the case of the guarantor for the debtor's credit obligations and his spouse.
30.10.2023
