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TAX AUTHORITIES TIGHTEN CONTROL OVER LARGE DEBTORS

As follows from the letter from the Federal Tax Service (FTS) to its territorial authorities, the latter now have to send monthly data on taxpayers whose debt on fees exceeded 50 million rubles. The tax systematizes the work on large debtors in order to replenish the budget and collect arrears in a timely manner. According to experts, such analytical activities will also allow the authorities to investigate ...

MORE THAN A QUARTER OF RUSSIANS' DEBTS ARE HOPELESS

More than 26% of the debts put up for sale by banks to collectors in 2023 were classified as "unpromising for collection." The share of such debts has been growing for three years in a row. In 2021, it was 23%, in 2022 – 24%. Last year, banks put up for ...

THE DEBT OF THE EX-PRESIDENT OF RINVESTBANK INCREASED BY 1.3 BILLION

On February 13, 2024, the Moscow arbitration court satisfied the demand of RIKB Rinvestbank to recover over 1.3 billion rubles from the ex-president of the bank Svetlana Pozdnova. The application for this was sent to the court two months ago (case no. A40-221679/2022). The claim for the insolvency of the banker, filed in October 2022, was accepted by the court for consideration. In May 2023, Svetlana Pozdnova was declared insolvent. Alexander Zhelezinsky, representing the union "SRO AU SZ"...

HOW CAN THE MONEY OF THE CREDITOR BE DISTINGUISHED FROM THE MONEY OF THE DEBTOR'S PARTICIPANT?

In the framework of the bankruptcy case (No. A32-50456/22), the creditor applied to the court for the inclusion of the claim in the debtor's register and the establishment of a collateral status for it. In support of the application, the creditor referred to the fact that a loan agreement was concluded between the debtor and the bank and the subsequent assignment by the bank in favor ...

FINANCIAL OMBUDSMEN WILL BE INVOLVED IN HELPING DEBTORS

The Public Council under the Financial Commissioner's Office is preparing a draft law on the participation of a financial ombudsman in the pre-trial settlement of disputes on loan debts between banks and citizens. This is not his authority at the moment. As explained by Financial Commissioner Viktor Klimov, on average, 1.8 loans per citizen, over 11 million people have three or more loans. According to Klimov, in case of default,...

LET THE MANAGER ARCHIVE THE DEBTOR'S DOCUMENTATION HIMSELF

As part of the bankruptcy case, the Federal Tax Service (FTS) filed an application for recovery of losses from the manager, including on the grounds of exceeding limits. The manager appealed to the court with a counter-application for recognition of expenses beyond the limits as justified (case no. A35-6739/18). The first instance partially satisfied both applications, based on the following: The court found justified the arguments of the tax service on causing losses as a result of the involvement...

THE DEBTOR MAY PROVIDE FALSE INFORMATION ABOUT INCOME WHEN CONCLUDING A LOAN AGREEMENT

In the framework of the bankruptcy case of a citizen, the courts considered the issue of releasing the debtor from obligations following the results of the procedure (case No. A56-57694/21). The courts of two instances refused to release the citizen from debts, arguing that there was bad faith in the actions of the debtor. The courts noted that when assuming ...

THE DEBTOR CAN CHOOSE WHICH REGION TO LIVE IN

In the framework of the bankruptcy case of a citizen (No. A40-134229/22), the courts considered the application of the manager to determine the only housing for the debtor and the application of the debtor himself to exclude real estate from the bankruptcy estate. The courts of three instances, based on the results of consideration of the application, concluded that it was necessary to exclude from the bankruptcy ...

A RESIDENCE PERMIT DOES NOT GUARANTEE THAT THE DEBTOR HAS A PLACE TO LIVE

The first Court of Cassation of general jurisdiction, within the framework of considering a specific dispute, in fact, increased the guarantees of protection of the debtor's only home. The Court noted that it is necessary to carefully check whether a citizen has alternative accommodation options. The mere fact that the debtor can be registered elsewhere does not mean that they are ready to accept him there. In the ...

WHEN CHALLENGING TAX PAYMENTS, IT IS NECESSARY TO ANALYZE DEBTS

The debtor's manager filed an application with the court to invalidate the transfer of funds as payment of income tax in favor of the Federal Tax Service (FTS) and to apply the consequences of the invalidity of transactions. The position of the first instance ...

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