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 THE INTENTION TO REPAY THE DEBT OUTWEIGHS THE FORMAL VIOLATIONS
The manager applied to the court for the completion of the procedure for the sale of the debtor's property (case no. A41-71760/18).
The courts of two instances refused to release the debtor from his obligations, citing the fact that the debtor hid his property and information about it, which caused damage to the creditors' property rights.
The cassation applied the rules on release from obligations to the debtor, since in itself the dissatisfaction with the creditor's claim cannot be qualified as malicious evasion from repayment of accounts payable.
Indeed, actions were taken to sell weapons, meanwhile, the funds received from the sale of property were transferred by the buyer to the escrow account of the court, with the aim of subsequent transfer to the financial manager to replenish the bankruptcy estate.
The district Court did not find any signs of malicious evasion from repayment of creditors' claims in the debtor's actions; on the contrary, the actions in question, although committed in violation of the law, were aimed at replenishing the bankruptcy estate.
Photo: Freepik
The courts of two instances refused to release the debtor from his obligations, citing the fact that the debtor hid his property and information about it, which caused damage to the creditors' property rights.
The cassation applied the rules on release from obligations to the debtor, since in itself the dissatisfaction with the creditor's claim cannot be qualified as malicious evasion from repayment of accounts payable.
Indeed, actions were taken to sell weapons, meanwhile, the funds received from the sale of property were transferred by the buyer to the escrow account of the court, with the aim of subsequent transfer to the financial manager to replenish the bankruptcy estate.
The district Court did not find any signs of malicious evasion from repayment of creditors' claims in the debtor's actions; on the contrary, the actions in question, although committed in violation of the law, were aimed at replenishing the bankruptcy estate.
Photo: Freepik
07.08.2025
