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COMPENSATION FOR A MORAL DAMAGE FOR MURDER MAY BE EXCLUDED FROM BANKRUPTCY ESTATE

... damage in favor of the mother, which was monthly deducted from the convict's salary and transferred to the victim's account. After the woman had been declared bankrupt, her bankruptcy trustee appealed to the court with a claim to exclude the amount of moral damage to be paid from the bankruptcy estate. The applicant referred to the fact that the debt is directly related to the personality of the victim and cannot be transferred to someone else. However, the lower courts did not find this argument convincing and the claims were rejected....

THE SUPREME COURT HAS SORTED OUT THE CASE OF INCLUSION IN THE REGISTER OF COMPENSATION FOR MORAL DAMAGE

... request to include in the register an amount of 1,000,000 rubles as compensation for moral damage to their minor son (case no. A40-242751/2020). In the first instance, the court refused to satisfy the claims, pointing out that the issue of recovery of moral damage should be considered in the SOY outside the framework of the bankruptcy case. The Court of Appeal did not agree with this position, noting that the circumstances referred to by the plaintiff can be established in the course of the bankruptcy case, but, nevertheless, left the ruling in force. As an argument, the ...

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