RusBankrot
We know everything about bankruptcy
17/12/2025
Wednesday
THIS DAY IN HISTORY:
17 December 
1970 The punishment for sodomy was introduced in the USSR.
1970 The first All-Union population census was carried out.
1970 the first All-Union population census was carried out.
1970 The first flight of the Wright brothers’ plane.
1970 the first flight of the Wright brothers plane.
17 December
1970 The punishment for sodomy was introduced in the USSR.
1970 The first All-Union population census was carried out.
1970 the first All-Union population census was carried out.
1970 The first flight of the Wright brothers’ plane.
1970 the first flight of the Wright brothers plane.
UNREASONABLENESS, DISHONESTY: THE LIMITS OF LIABILITY IN BANKRUPTCY
The manager appealed to the court with a statement on the completion of the procedure for the sale of the citizen's property. The Bank objected to the debtor's release from obligations, pointing out the dishonesty of the behavior (case no. A43-22953/23).
The courts of two instances refused to release the debtor from his obligations to the bank. According to the courts, shortly before filing an application for bankruptcy, a citizen concluded a significant number of loan agreements in the presence of an obvious impossibility to repay them, which indicates dishonesty.
The cassation released the debtor from his obligations to the bank, pointing out that the circumstances of the case do not indicate unfair behavior of a citizen in the occurrence and (or) fulfillment of obligations to the bank. The courts did not have any grounds provided by law for non-application of the rule on debt relief to this creditor. Actions to increase accounts payable on the eve of initiating the procedure of their own bankruptcy can only indicate the dishonesty of a citizen in relation to creditors for newly incurred loan obligations, but not in relation to the creditor in question.
In addition, no circumstances have been established indicating that when the loan obligations on which the creditor bases his claims were incurred or fulfilled, the citizen acted unlawfully, provided the creditor with deliberately false information when receiving funds, and maliciously evaded repayment of the debt.
The unreasonableness of a citizen's behavior, unlike bad faith, cannot be an obstacle to debt relief. Taking on unbearable debt obligations due to an unbiased assessment of one's own financial capabilities and life circumstances cannot be a reason for not getting rid of debts. The bank, being a professional participant in the credit market, had all the necessary information about the financial situation of the citizen at the time of issuing the loan. The bank's subsequent reference to the borrower's unreasonable actions cannot be taken into account for the purposes of applying the rules on bad faith.
Photo: Freepik
The courts of two instances refused to release the debtor from his obligations to the bank. According to the courts, shortly before filing an application for bankruptcy, a citizen concluded a significant number of loan agreements in the presence of an obvious impossibility to repay them, which indicates dishonesty.
The cassation released the debtor from his obligations to the bank, pointing out that the circumstances of the case do not indicate unfair behavior of a citizen in the occurrence and (or) fulfillment of obligations to the bank. The courts did not have any grounds provided by law for non-application of the rule on debt relief to this creditor. Actions to increase accounts payable on the eve of initiating the procedure of their own bankruptcy can only indicate the dishonesty of a citizen in relation to creditors for newly incurred loan obligations, but not in relation to the creditor in question.
In addition, no circumstances have been established indicating that when the loan obligations on which the creditor bases his claims were incurred or fulfilled, the citizen acted unlawfully, provided the creditor with deliberately false information when receiving funds, and maliciously evaded repayment of the debt.
The unreasonableness of a citizen's behavior, unlike bad faith, cannot be an obstacle to debt relief. Taking on unbearable debt obligations due to an unbiased assessment of one's own financial capabilities and life circumstances cannot be a reason for not getting rid of debts. The bank, being a professional participant in the credit market, had all the necessary information about the financial situation of the citizen at the time of issuing the loan. The bank's subsequent reference to the borrower's unreasonable actions cannot be taken into account for the purposes of applying the rules on bad faith.
Photo: Freepik
16.12.2025
