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THE QUESTION OF WHETHER THE DEBTOR HAS THE STATUS OF A SERVICEMAN IS IMPORTANT IN BANKRUPTCY

The bank applied to the court to declare the citizen bankrupt (case no. A42-2100/23). The courts of two instances recognized the application as justified,... ... district court sent the case for reconsideration and noted the following: • The Bank and the person not involved in the case, Rosvoenipoteka, do not deny that the debtor continues to be a participant in the accumulative mortgage system of housing for military ...

THE SPECIFICS OF CHALLENGING THE PREFERENTIAL SATISFACTION OF CLAIMS WITH THE SENIORITY OF COLLATERAL

... should have clarified the issue of admissibility and the existence of legal grounds for considering the bank's claim in the framework of a bankruptcy case. The courts have not clarified whether the bank's claim is aimed at replenishing the debtor's bankruptcy estate. The courts also did not take into account that Rosvoenipoteka received satisfaction of its claims on the basis of a judicial act that entered into force and in the absence of recognition of illegal actions of the person authorized to distribute the funds received from the sale of the collateral. Within ...

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