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Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

... citizen's default on the loan, turned to the latter with a demand to repay the debt. Due to the fact that this did not happen, the assignee applied to the court to declare the individual insolvent. The courts of three instances consistently refused to accept ... ... Board noted that in the case of an assignment, the entire volume of rights that the seller of the debt possessed passes from the assignor to the assignee. Thus, if the assignor (bank) by law had the right to initiate a case on the insolvency of a citizen ...

Modified: 03.23.2022
Supreme Court of Russia , decision , cession , bankruptcy , bankruptcy of a citizen , bank , assignor , assignee
Path: РусБанкрот - СМИ

Supreme Court of Russia resolved the issue of initiating bankruptcy due to deed of assignment

... and they stopped the proceedings. However, the Supreme Court of the Russian Federation took a different position, indicating that despite the fact that the applicant himself did not have the status of a credit institution, he had the right to initiate bankruptcy without a judicial act. The thing is that under an assignment agreement, the assignee accepts the amount of rights that the assignor himself has under the agreement from the assignor. Thus, if the original contract on which the claimant based his claims did not need to prolong the debt in order to file for insolvency, then the same procedure should be applied when transferring ...

Modified: 01.20.2022
bankruptcy , Supreme Court of the Russian Federation , assignment agreement , loan agreement , assignor , assignee
Path: РусБанкрот - СМИ

THE COURT SET OUT THE RIGHT TO PROCEDURAL SUCCESSION OF INSIGNIFICANT DEBT

... of acquiring the debt. At the time of consideration of the bankruptcy petition, the bankruptcy case was at the stage of bringing the persons controlling the debtor to subsidiary... ... himself had no property. In addition, the courts doubted the conscientiousness of the assignee, considering that having entered the case, he could pose all sorts of obstacles... ... presented evidence of its commission (agreement and receipt of settlement with the assignor). When it comes to the economic unreasonableness, asserted by the lower instances...

Modified: 06.29.2021
district court , court , corporate bankruptcy , assignment agreement , assignor , assignee , procedural succession , bankruptcy
Path: РусБанкрот - СМИ
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