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Supreme Court of Russia: what to do in the event of buying a car from a debtor

The Supreme Court of Russia published the text of the Review of Judicial Practice, which combines legal positions on various issues. Among them there are several bankruptcy cases, one of which we will consider in detail. As part of the usual civil circulation, two individuals signed an agreement for the sale of car. After the transfer of money and the vehicle, the buyer discovered significant defects of the purchased item and terminated the agreement through the court. Thus, the parties faced...

Supreme Court of Russia will clarify the procedure for initiation of bankruptcy of an individual by bank

The case of the insolvency procedure of an individual was transferred for consideration of the Supreme Court of the Russian Federation. The potential bankrupt expressed his disagreement with the debt presented to him, and the lower authorities supported him. The position of the individual was that the debt presented to him by the bank was not indisputable, therefore, could not become the basis for initiation of a bankruptcy case without a judicial act that has entered into legal force. During the...

The court refused to downgrade the claims in case of bankruptcy of an individual

The District Court considered the creditor's complaint against the lower courts' orders to downgrade the priority of his claims in an insolvency case of individual. Applying the rule, the courts concluded that the debtor and the creditor were affiliated and downgraded the latter's claim. The question concerned the bankruptcy of an individual, whose mother applied to court with a claim to include the debt to her in the register of creditors’ claims. The creditor substantiated her position by mistakenly...

THE ONLY HOUSING OF DEBTOR WAS FIRST SOLD AT AUCTION

As a part of the insolvency case of an individual, an argument arose about the fate of his two-level five-bedroom apartment. The debtor insisted at the exclusion of it from the bankruptcy estate, referring to the fact that it was the only housing. The lenders, in turn, pointed to the luxuriousness of the apartment and demanded its implementation. The result of a long-term dispute was the sale of real estate and the acquisition of much more modest housing for the debtor. The history of the apartment...

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