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DEBTORS WILL BE GIVEN THE OPPORTUNITY TO REQUEST THE RESUMPTION OF ENFORCEMENT PROCEEDINGS

... resumption of suspended enforcement proceedings – up to three years. The relevant draft was prepared by the Ministry of Justice pursuant to the decision of the Constitutional Court. As explained in the explanatory note, the proposed changes will give the debtor the opportunity to apply for the resumption of suspended enforcement proceedings. In addition, the bill makes it possible to exclude abuse by the recoverer. As the legislators noted, a number of grounds for suspending enforcement proceedings may ...

Modified: 10.17.2023
bankrupt , bankruptcy , debt , debtor , court , Ministry of Justice , law , enforcement proceedings
Path: РусБанкрот - СМИ

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

... favor of the creditor was challenged, this restorative claim was subsequently included in the debtor's register. The court of first instance agreed with the arguments of the manager, noting that the defendant was obliged to apply to the court for bankruptcy of the debtor under his control no later than the date of entry into force of the ruling on the recognition of the transaction invalid. This approach was not shared by the appeal, noting that, even after the entry into force of the said judicial act, the debtor ...

Modified: 02.09.2023
bankrupt , bankruptcy , subsidiary liability , court , debt , debtor
Path: РусБанкрот - СМИ

THE SUPREME COURT OF THE RUSSIAN FEDERATION MAY RECONSIDER ITS POSITION ON THE ONLY HOUSING IN BANKRUPTCY

Complaints were submitted to the Economic Board against judicial acts on the refusal to exclude the debtor from the bankruptcy estate of a single dwelling (case no. A40-208133/19). The circumstances of the case are as follows: the debtor owned 2 real estate objects, one of which was pledged by the bank, which is why it was sold. And the debtor was left with only ...

Modified: 10.05.2022
bankruptcy , bankrupt , real estate , debt , court , debtor
Path: РусБанкрот - СМИ
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