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FOR WHAT REASONS CAN A COURT NOT RELEASE A DEBTOR CITIZEN FROM HIS OBLIGATIONS?

... case No. A40-39236/2020 in relation to the debtor Alukhanyan L.K. Thus, the resolution of the issue of the presence or absence of circumstances in which the debtor cannot be released from fulfilling obligations largely depends on the good faith of the debtor. (Resolution of the Ninth Arbitration Court of Appeal dated 11/19/2020 in case No. A40-91367/2017). The second category of non-release conditions includes a number of obligations from which exemption is not provided. Such obligations include: - current payments; - compensation for damage ...

CREDITORS BEGAN TO APPLY TO THE COURTS MORE OFTEN TO COLLECT SMALL DEBTS

For the third year in a row, Russian courts continue to close more and more claims for debt collection on loans and borrowings in the amount of up to 50,000 rubles. This is reported by Kommersant with reference to the statistics of the work of the courts. In the first six months of 2023, the number of completed claims increased by one ...

THE JOINT DEBTOR HAS THE RIGHT TO ASK THE COURT TO TERMINATE THE PERFORMANCE OF THE OBLIGATION

... Believing that the restorative claim is no longer enforceable, the applicant filed a corresponding claim with the court. The application was granted by the first instance, the higher courts canceled the ruling, refusing to satisfy the claim. The Supreme Court of the Russian Federation, leaving in force the definition of the first instance, pointed out that the execution performed by one of the joint debtors affects the obligations of the others, since it releases them from execution in relation to the creditor. Photo: Freepik

THE SUPREME COURT SUPPORTED THE RELATIVES OF THE DECEASED DEBTOR

... pay their mother's debts, lost the case. The primary instance indicated that the bank was eligible for insurance and dismissed the claim. However, the appeal of the debt recovery firm radically changed the nature of the process. The Voronezh Regional Court recovered 90,299 rubles of debt from the "heiresses". The decision made was that the daughters of the deceased had actually accepted the inheritance, since they lived in the same building with their mother, did not declare their waiver of the inheritance at the notary ...

NOVOSIBIRSK PHARMACY CHAIN GOES BANKRUPT DUE TO 2 BILLION DEBT

... payments and was unable to meet its financial obligations on time. It was not only the Pharmacy from Warehouse 7 that faced problems. In September 2023, business partners Godovalov and Shavrin also filed for bankruptcy. At that time, Godovalov's total debts amounted to 4.2 billion rubles, and the court declared him insolvent. His partner, Shavrin, followed the same path, submitting a similar application. The bankruptcy proceedings of Pharmacy from Warehouse 7 are ongoing, and this makes it difficult for the company to resume its operations. Along ...

THE ALIENATION OF A GRATUITOUSLY PURCHASED CAR CANNOT HARM THE DEBTOR

The manager applied to the court to challenge the car purchase agreement (case no. A02-1933/21). The courts of two instances granted the application, recognizing the purchase and sale agreement and the receipt for the cash receipt ... ... the conclusions of the expert opinion. The cassation sent the dispute for reconsideration, noting that in another case, the debtor's purchase of a disputed car was also challenged on the grounds of its gratuitousness. In other words, the debtor's gratuitous ...

THE STRUCTURE OF THE VORONEZH RUDGORMASH WAS PUT UNDER SURVEILLANCE DUE TO A DEBT OF 74 MILLION

... the Union of Arbitration Managers "Creation", was approved for the role of interim manager. The court plans to hear his report on June 24, 2025. Alerus filed an insolvency claim against the defendant in February last year. Prior to this, the courts of several instances issued verdicts, obliging RGM_Zapchast to pay the debt in the amount of 50.8 million rubles. It included the amount of loan obligations and accrued interest on the use. But by January 2025, the defendant had not repaid his debt. The structure of the Rudgormash Group of companies appeared in Voronezh ...

THERE SHOULD BE NO CONTRADICTIONS IN THE SALE OF THE DEBTOR'S PROPERTY

The manager applied to the court for approval of the regulations on the sale of the debtor's property (case no. A40-153275/19). The court of first instance refused to satisfy the application, since the object has signs of unauthorized construction. The appeal approved the provision, pointing out the existence of a different methodology for assessing the size of the disputed real estate ...

WITHOUT BEING THE RECIPIENT OF THE PENSION, THE DEBTOR WILL NOT BE ABLE TO EXCLUDE IT FROM THE BANKRUPTCY ESTATE

... the application was refused. The cassation partially annulled the acts of the lower courts and sent the dispute for reconsideration, pointing out that the debtor is not a recipient of a disability pension. In such circumstances, the conclusion of the courts that the debtor has received an insurance disability pension does not correspond to the evidence available in the separate dispute.

TO ESTABLISH THE SIGNS OF INSOLVENCY, IT IS NOT ENOUGH TO SIMPLY INDICATE THE ASSETS OF THE DEBTOR

... affiliation of the debtor and the defendant, did not indicate the reasons for rejecting the conclusions of the court of first instance on the affiliation of the debtor and the defendant, referring to the fact that the defendant was an employee of the debtor. The court noted that the Court of Appeal had not clarified the need for the debtor to use the defendant's real estate, nor had it assessed the information provided by the managers on the amount of rent for commercial real estate rentals. The issue of the ...

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