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Court: what to do with an unfinished only housing of debtor

The case was referred to the Arbitration Court of the Ural District at the request of a financial manager. He asked the court to include the only housing of the debtor - a land plot and an unfinished house located on it, in the bankruptcy estate. The courts of the first and appeal instances took the side of the manager, considering that the debtor deliberately changed the place of registration to the house on the eve of initiation of his own bankruptcy case. In addition, the judges took into account...

Modified: 02.28.2022
county court , ruling , citizen bankruptcy , executive immunity , unfinished housing , single housing , bankruptcy
Path: РусБанкрот - СМИ

District court exempted the debtor from compensation for damages in road accident

The Arbitration Court of the Ural District considered the issue of exemption of the debtor-citizen from the fulfillment of monetary obligations to creditors in connection with insolvency. The lower courts concluded that such a provision could be applied, making an exception for damage caused by a road accident. However, the district court did not see any problems for writing the debt off in such a situation. Several circumstances served as the basis for filing an application for their own bankruptcy:...

Modified: 12.02.2021
district court , ruling , arbitration court , citizen bankruptcy , bankruptcy
Path: РусБанкрот - СМИ

District Court: how to deal with a complaint of deceased person

The insolvency case of a debtor was suspended by the court in connection with the applicant's death. This happened at the stage of the appeal challenging the inclusion of the bank's claim, regarding which the debtor asked to reduce the penalty, in the register of creditors’ claims. Unfortunately, the applicant had died after filing the complaint. The court of appeal suspended the proceedings until the debtor's successors entered the inheritance and received the relevant certificates. Later, the...

Modified: 11.30.2021
bankruptcy , citizen bankruptcy , arbitration court , ruling , inheritance
Path: РусБанкрот - СМИ

District Court allowed an installment payment on amicable agreement in bankruptcy

The Arbitration Court of the Ural District considered the complaint of the debtor, whose claim for man installment plan under an amicable agreement was rejected. At the same time, the applicant referred to the objective circumstances of the impossibility of fulfilling the conditions previously agreed by the parties, but the judicial board was adamant. We are talking about the bankruptcy of an individual who, as part of the procedure, entered into an amicable agreement with his creditors. However...

Modified: 10.21.2021
district court , ruling , amicable agreement , installment plan , citizen bankruptcy , bankruptcy
Path: РусБанкрот - СМИ
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