THIS DAY IN HISTORY:
14 December 1970 The "Stalinskiy" anthem of the USSR was approved.1970 the anthem of the USSR "Stalinskiy" was approved.1970 The island of Crete was annexed by Greece.1970 the island of Crete was annexed by Greece.1970 The GUM shopping center was opened in Moscow
WHEN THE INTENTION TO REPAY THE DEBT OUTWEIGHS THE FORMAL VIOLATIONS
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.
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