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 RESTRUCTURING PLAN BECOMES A TEST OF SURVIVAL
As part of the citizen's bankruptcy case (No. A05-11001/23), the bank and the financial manager submitted petitions for approval of a debt restructuring plan providing for repayment of creditors' claims in monthly installments.
The courts of two instances approved the plan, concluding that the citizen's income allows him to make payments in the amount proposed by the creditor in the debt restructuring plan. Less than half of the debtor's income is used to pay off debts, and the remaining amount is sufficient to cover the current needs of the debtor and the child.
The cassation sent the dispute for reconsideration, noting that the approval of the debt restructuring plan without the consent of the citizen is premature, as it was done without a proper assessment of the evidence presented in the case.
A living wage has been set for the citizen's area of residence, which significantly exceeds the amount remaining with him after the execution of the debt restructuring plan. This does not correspond to the principle of rehabilitation parity. In addition, the inclusion of alimony payments in the amount of income is unreasonable, since it is difficult to predict such an amount for the future.
The court also noted that the courts did not properly investigate the circumstances that are essential for the proper resolution of the dispute, such as receiving consistently high wages for the regions of the Far North and the existence of abuse of law by a citizen.
Photo: Freepik
The courts of two instances approved the plan, concluding that the citizen's income allows him to make payments in the amount proposed by the creditor in the debt restructuring plan. Less than half of the debtor's income is used to pay off debts, and the remaining amount is sufficient to cover the current needs of the debtor and the child.
The cassation sent the dispute for reconsideration, noting that the approval of the debt restructuring plan without the consent of the citizen is premature, as it was done without a proper assessment of the evidence presented in the case.
A living wage has been set for the citizen's area of residence, which significantly exceeds the amount remaining with him after the execution of the debt restructuring plan. This does not correspond to the principle of rehabilitation parity. In addition, the inclusion of alimony payments in the amount of income is unreasonable, since it is difficult to predict such an amount for the future.
The court also noted that the courts did not properly investigate the circumstances that are essential for the proper resolution of the dispute, such as receiving consistently high wages for the regions of the Far North and the existence of abuse of law by a citizen.
Photo: Freepik
30.10.2025
