Search

HEIRS ARE NOT ALWAYS RESPONSIBLE FOR THE DEBTS OF TESTATORS

... 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 ...

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 ...

THE SUPREME COURT SUPPORTED THE RELATIVES OF THE DECEASED DEBTOR

The number of inheritances of property encumbered with debt obligations is growing every year, as evidenced by judicial statistics. Therefore, according to experts, accepting an inheritance can be a headache for those who inherit property by law or specified in the will of the deceased. However, there are ...

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

... 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 ... ... Therefore, the Supreme Court of the Russian Federation stressed, creditors should not benefit solely from the fact of their debtor's death. According to experts, the decision adopted by the Supreme Court of the Russian Federation as a whole continues ...

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, and concluded that the requirements regarding the inclusion of claims in the register of creditors' claims in the declared ...

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 ...

Sorted by relevance | Sort by date