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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, after which the debtor's ex-wife appealed to the court with a cassation complaint against judicial acts. The 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 personnel and is an active serviceman. • Due to the non-involvement in the Rosovenipoteka case, the courts have not ...

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

As part of the bankruptcy case of a citizen, the bank appealed to the court with an application for the recovery of funds from the Rosvoenipoteka to the bankruptcy estate of the debtor with subsequent redistribution in favor of the pledgee (case No. A56-90497/21). The courts of two instances satisfied the application, guided by the fact that the collateral (apartment) was sold at auction, and the proceeds were used to repay ...

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