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CAN A SPOUSE LIQUIDATE A DEBT OF A BANKRUPT?

When considering a case on challenging the repayment of the common debt of the spouses by the debtor's wife, the courts could not come to a common opinion, and the manager insisted on recognizing the transaction as invalid. But the Supreme Court put an end to the issue, having explained its position quite simply. Initially, the debt arose from ...

THE COURT: THE AMOUNT OF BANKRUPT’S PROPERTY SALE FEE SHOULD BE FIXED

The case, in which the financial manager of the debtor and the pledged lender could not come to a common opinion, has recently been transferred for consideration of the Commercial Court of the Moscow District. The question concerned the procedure for the sale of the pledged property. The lender offered ...

MISUSE OF LAW LED TO CANCELLATION OF JUDICIAL ACTS

The district court has recently considered a case on the complaint of one of the debtor's creditors. The applicant contested a number of unilateral real estate alienation transactions. The agreements were made by the future bankrupt in favor of his own grandchildren. The courts of the first and appellate instances rejected a claim ...

THE SUPREME COURT OF RUSSIA SUMMED UP THE RESULTS OF IMPOSITION OF MORATORIUM ON BANKRUPTCY

... This led to a kind of summing up the results of its imposition in the form of a new resolution of the Plenum of the Supreme Court of Russia, which consolidated a number of important theses. Some of them are here in our selection. 1. The law allows a debtor included in the list of companies subject to the moratorium to be declared bankrupt in a situation where this debtor is already in the process of liquidation by his (her) own decision. 2. During the period of the moratorium, the enforcement proceedings ...

TWO COURT RULINGS HAVE BEEN REVOKED DUE TO POSSIBLE ABUSE OF RIGHT

... the partial repayment of the debt by a third party. The initiator of the proceedings was the creditor, who was not satisfied with this state of affairs, since in such an action, he only saw an attempt to quickly complete the bankruptcy, but not the debtor's desire to pay off the debt. As it usually happens, first the creditor applied to the court, received a court ruling to recover 309 thousand rubles, then a writ of execution, but the defendant never returned anything. Then the plaintiff applied ...

THE COURT: TAX CLEARANCE CERTIFICATE DOES NOT CONFIRM A COMPLETE ABSENCE OF DEBTS

... reflects the absence of arrears in current payments, and being an internal accounting document, it cannot be relevant and admissible evidence in the case. At the same time, the creditor presented the evidence of the debt presence to the court, and the debtor, in turn, did not conclusively refute the fact of its repayment. What is more, the debtor did not dispute the presence of taxation objects for which non-payment of taxes was established. Now the court of the first instance has to reconsider the ...

THE COURT: IT IS POSSIBLE TO RECOVER COURT FEES IN BANCRUPTCY

The Commercial Court of the Volgo-Vyatka Region has recently considered a case on the recovery of court fees incurred by the creditor within the framework of the debtor's bankruptcy. At the same time, the lower courts rejected the claims, but the applicant decided to look for the truth in the appeal and made the right decision. The costs consisted of payment for the services of lawyers, publication of the intention ...

THE COURT REJECTED LEGAL SUCCESSION AFTER SATISFYING ALL THE CREDITORS’ CLAIMS

The district court has recently considered the claim for procedural substitution in bankruptcy. It was supposed to take place on the initiative of a third party in connection with the satisfaction of all the register claims to the debtor's creditors. However, the creditors did not agree with this state of affairs and contested the judicial acts of the courts of the first instance and appeal. When reconsidering the case, the district court took the side of the creditors, recalling ...

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