Search

APPROVED RECOMMENDATIONS ON THE MANAGEMENT OF INHERITANCE CASES IN CASE OF BANKRUPTCY

... arising in notarial practice when conducting inheritance proceedings in case of bankruptcy of the testator and in case of bankruptcy of the heir" dated March 30, 2023. The document contains instructions regarding the duties of notaries to conduct inheritance cases in the event of bankruptcy of the testator, where it is noted that the notary should record the movement of the bankruptcy case, transfer information about the existence of an inheritance case to the financial manager, open an inheritance case after receiving a request ...

THE COURT EXPLAINED WHAT TO DO WITH THE MISSED INHERITANCE PERIOD

... significantly violates the norms of procedural law. The court of first instance did not check whether the settlement agreement violated the rights and interests of other persons, and also did not certify the fact of the plaintiff's acceptance of the inheritance, while ignoring the arguments of the representative of the administration about the status of the property as extortionate. As a result, the settlement agreement was approved by the court without legal grounds and to the detriment of the rights ...

SUPREME COURT : INTEREST IS STRONGER THAN INHERITANCE

In the framework of the bankruptcy case of a citizen (No. A40-29205/21), the courts considered an application for inclusion of the creditor's claim in the register. The claim was based on an agreement on the procedure for repayment of the debt acquired by inheritance. Subsequently, by a court decision, monetary funds in the amount of hereditary property were recovered from the debtor in favor of creditors, including the applicant. The courts of three instances, having considered the application, partially ...

THE SUPREME COURT EXPLAINED THE TAX NUANCES OF BANKRUPTCY OF THE HEREDITARY MASS

After the death of the testator, a bankruptcy case was initiated, during which the estate was included in the bankruptcy estate. Despite this circumstance, the tax service has submitted claims to the heirs for the payment of land tax, property tax on individuals, as well as contributions ...

THE SUPREME COURT HAS DEFENDED THE INTERESTS OF THE CHILDREN OF THE DECEASED BANKRUPT

... before the completion of the trial. The stumbling block was residential real estate, which the children of the deceased were to receive ownership after the death of their father. The courts of lower instances refused to exclude the property from the bankruptcy estate, since the heirs were registered in the mother's apartment, although it was pledged by the bank. The woman complained to the Supreme Court. The Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation considered ...

THE LOSS OF THE COLLATERAL DOES NOT TERMINATE THE SECURITY

As part of the bankruptcy case of the inheritance estate, the bank applied to the court for the inclusion of a collateral claim in the register (case no. A72-1859/21). The courts of two instances partially satisfied the application, based on the presence of an outstanding amount of debt,...

HEIRS ARE NOT ALWAYS RESPONSIBLE FOR THE DEBTS OF TESTATORS

... recognized the application as justified, taking into account the universal succession that took place and the recovery of funds directly from the heir - debtor who inherited within the time limit established by law, in the amount of the value of the inheritance mass accepted by him. The courts pointed out that since the applicant's claims were documented, including by judicial acts of the court of general jurisdiction, and applied to the debtor the bankruptcy procedure of a debtor citizen on general grounds, and introduced bankruptcy procedure against him – restructuring of the citizen's debts, refusing to satisfy the petition for termination of proceedings in the case. The cassation did not agree ...

SON FOR FATHER: VS DEMANDED TO EVALUATE THE PROPERTY OF THE HEIR

... revision of the court verdict. The instance decided that the responsibility of the heir is possible only within the scope of the value of a specific property that passed to him from his father. Since by the time the case was considered in court, the inheritance estate had not yet been formed, the court considered the collection of the testator's debt to be inconsistent with the norms of law. However, the district court, where the bankruptcy trustee sent the complaint, recognized the decision of the first instance as legitimate. Andrey Bogdanov was forced to complain to the Supreme Court. The latter pointed out the illegality of the verdict of the cassation. The economic Board ...

District Court: how to deal with a complaint of deceased person

... the notary who is in charge of the inheritance case. After the heirs have accepted the inheritance, this right passes to them. Moreover, according to the current rules of law, it is the notary who is obliged to suspend the certificates of the right to inheritance until the bankruptcy case is considered. Thus, the court's decision to suspend the bankruptcy case until the heirs receive certificates of the right to inheritance was not based on the rules of law and therefore is subject to cancellation ( ruling of October 20,...

THE DISTRICT COURT PUT AN END IN THE CASE OF HEIRS OF THE DEBTOR AND CREDITOR

... borrowed a large sum of money from the applicant's husband in the present case. He did not pay the money out and then died. The inheritance was opened, and the debt under the contract passed to his wife. After that, one of the lenders, the spouse of the ... ... procedure for the sale of property against the woman. However, the bankrupt widow, being on the verge of insolvency, initiated the bankruptcy procedure of her deceased husband, simultaneously announcing the exclusion of the creditor's widow's claim from her ...

Sorted by relevance | Sort by date