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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 ...

THE COURT DECLARED BANKRUPTCY OF A MARRIED COUPLE DUE TO THE COMMUNITY DEBT

The case on declaring bankruptcy of two individuals at once – a married couple and co-borrowers under a loan agreement concluded with a bank - was referred to the arbitration court. As it usually happens, the husband and wife signed an agreement under which they took the money, having pledged the property they owned. At first, the debt was regularly ...

THE SUPREME COURT OF RUSSIA CLARIFIED WHO SHOULD BE CHARGED WITH A BURDEN OF PROVING WHEN CHALLENGING A DEBT

... considered the case on the inclusion of claim of one of the creditors into the Register of creditors’ claims. The debt was based on a loan agreement and formed a controversial attitude of the lower courts to the legal situation. The claim was satisfied in the ... ... court rejected the claims. Canceling all three resolutions, the Supreme Court of Russia Forces agreed with the position of the bankruptcy trustee, who pointed to the affiliation of the parties to the transaction, which, by the way, had been previously proven ...

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

... recognized as insolvent, since she had not returned the debt. The arbitration court initiated a case and introduced a 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 bankruptcy estate. She was told that in the presence of claims in both bankruptcy cases there was a risk of duplication, which,...

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