RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
WHEN A REQUIREMENT IS INCLUDED IN THE REGISTER, IT IS NECESSARY TO SEPARATE DEBT AND PENALTIES.
The bank applied to the court for declaring the citizen bankrupt (case no. A41- 37863/24).
The courts have introduced a debt restructuring procedure against the debtor if the debtor has outstanding obligations to the bank in excess of the established threshold and the latter does not consent to the introduction of a procedure for the sale of a citizen's property.
The cassation filed a dispute regarding the inclusion of the bank's claim in the register, pointing out that the debt claimed by the bank and included in the register of creditors' claims was not confirmed by a judicial act.
At the same time, the court of first instance included the total amount without dividing it into the principal debt, interest for using the loan and penalties.
The amount of the penalty is obviously disproportionate to the amount of the principal debt established by the judicial act. The courts did not assess such circumstances and did not submit them for discussion by the parties.
Photo: Freepik
The courts have introduced a debt restructuring procedure against the debtor if the debtor has outstanding obligations to the bank in excess of the established threshold and the latter does not consent to the introduction of a procedure for the sale of a citizen's property.
The cassation filed a dispute regarding the inclusion of the bank's claim in the register, pointing out that the debt claimed by the bank and included in the register of creditors' claims was not confirmed by a judicial act.
At the same time, the court of first instance included the total amount without dividing it into the principal debt, interest for using the loan and penalties.
The amount of the penalty is obviously disproportionate to the amount of the principal debt established by the judicial act. The courts did not assess such circumstances and did not submit them for discussion by the parties.
Photo: Freepik
07.07.2025
