RusBankrot
We know everything about bankruptcy
28/04/2024
Sunday
THIS DAY IN HISTORY:
28 April 
1970 World Labor Safety Day
1970 World Labor Safety Day
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The capture of Milan by the troops of Suvorov
1970 The capture of Milan by the troops of Suvorov
28 April
1970 World Labor Safety Day
1970 World Labor Safety Day
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The Italian dictator Benito Mussollini and his lover, Clara Petacci, were executed
1970 The capture of Milan by the troops of Suvorov
1970 The capture of Milan by the troops of Suvorov
WHEN APPROVING A HOUSING AGREEMENT, THE INTERESTS OF THE BANK MUST BE TAKEN INTO ACCOUNT
As part of the bankruptcy case of a citizen (No. A68-9881/21), the debtor filed an application for exclusion from the bankruptcy estate of a single dwelling.
The court of first instance terminated the proceedings on the dispute and approved a settlement agreement on the establishment of the order of priority of payments on the loan (the disputed apartment was purchased at the expense of credit funds).
The bank filed a cassation appeal against the ruling, following consideration of the complaint, the district court sent the dispute for reconsideration, noting the following:
"When approving the settlement agreement, if there are objections from the creditor, the court did not assess the amount of debt (determined as of 11/30/2021) and the payment schedule, according to which loan payments are resumed from a certain date; whether the approved payment schedule worsens the position of the lender, whether it complies with the terms of the loan agreement."
The court of first instance terminated the proceedings on the dispute and approved a settlement agreement on the establishment of the order of priority of payments on the loan (the disputed apartment was purchased at the expense of credit funds).
The bank filed a cassation appeal against the ruling, following consideration of the complaint, the district court sent the dispute for reconsideration, noting the following:
"When approving the settlement agreement, if there are objections from the creditor, the court did not assess the amount of debt (determined as of 11/30/2021) and the payment schedule, according to which loan payments are resumed from a certain date; whether the approved payment schedule worsens the position of the lender, whether it complies with the terms of the loan agreement."
17.01.2024
