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Constitutional Court of Russia protected the interests of children in the case of bankruptcy of their parents

The day before, the Constitutional Court of the Russian Federation considered the complaint of a woman who was dissatisfied with the position of the arbitration courts. They partially denied her demand to leave the subsistence minimum for herself (the bankrupt debtor) and for her two minor children during bankruptcy. The applicant had been declared insolvent two years earlier due to arrears under a loan agreement, in which she acted as a guarantor. After that, she demanded to exclude the amounts...

Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

The Supreme Court of Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee. The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative responsibility. However, the courts of three instances rejected the claim, after which the Russian State Register applied to the Supreme Court of Russia. Giving reasons for challenging the judicial acts, the applicant...

The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's arguments convincing and canceled the contested judicial act. The question concerned the procedure for establishing, as well as distribution of the moratorium...

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

The Supreme Court 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 first and cassation instances, but the appeal has rejected it. The Supreme Court of Russia canceled all three decisions, sending the case for reconsideration. The disputed claim was based on a multimillion-dollar loan, which...

THE DISTRICT COURT CLARIFIED THE NECESSITY OF INQUIRIES TO FOREIGN BANKS

The bankruptcy trustee asked the court to send instructions to a number of states to provide information about the debtor's bank accounts and the funds on them in the framework of the bankruptcy case. The applicant referred to the fact that he is unable to obtain information on his own, since foreign banks are not legally obliged to provide it. At the same time, the courts of the first and appellate instances rejected the claims, but not the district court. The applicant stated that in the course...

THE COURT: THE DEBTOR HAS THE RIGHT TO THE ONLY HOUSING, EVEN IF HE DOES NOT LIVE THERE

In the framework of the insolvency case of an individual, the arbitration court considered an application for exclusion of a residential building and a land plot as the only housing of a bankrupt citizen from the bankruptcy estate. At the same time, the courts of first and appellate instances rejected the claim, citing the lack of proof that the housing was the only one, as well as the debtor's attempt to withdraw this property from the bankruptcy estate. The deal was declared invalid, and the house...

DISTRICT COURT PUTS AN END TO “BANKRUPTCY TOURISM” CASE

The Commercial Court of the Moscow District has recently considered a case on an individual's insolvency petition. At first glance, a simple question caused controversy among the judges and provoked the cancellation of two judgments. The essence of the dispute was - which court should consider an application for declaring a bankruptcy of individual. On the one hand, a citizen was registered at his place of residence in the region, but on the other hand, he had a registration at his place of stay...

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