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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 ...

How the creditor’s inactivity affected the fate of debt in bankruptcy

... claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position to be incorrect. Initially, the debt arose from a guarantee that was concluded between the creditor and the future bankrupt. Subsequently, the main borrower and the lender changed the terms of the agreement by increasing the credit limit. However, the guarantor did not give his consent ...

District court outlined how to deal with debt on a promissory note in bankruptcy

The Arbitration Court of the North-Western District considered the complaint of the creditor, whose claim to include the debt into the register of creditors’ claims was rejected by the lower instances . The disputed debt was based on the issued promissory note, however, the courts considered the fact of the validity of the security to be unproven. The district court pointed ...

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

In the framework of the bankruptcy case (No. A40-34123/19), the courts considered the application of the manager for bringing the former director of the debtor to subsidiary liability. In support of the application, the manager referred to the fact that in the framework of the bankruptcy case of one of the debtor's creditors, the transaction on the transfer of funds by the debtor in favor of the creditor ...

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 ...

Supreme Court of the Russian Federation resolved the dispute with the recovery of debt on bail

The Economic Board considered a case in which the bank demanded that the debt arising from the pledge agreement be included in the register of creditors’ claims. At the same time, the fact of non-payment and the existence of an obligation were previously recorded by a judicial act. The creditor's application was satisfied ...

Cabinet of curiosities: what unusual items are found in bankruptcy estate?

At the last stage of bankruptcy, rather strange objects and items, by selling which the settlements with creditors take place, are sometimes found ... ... bankruptcy estate. Bankruptcy trustee seeks to consider all possible sources, including both tangible and intangible assets of the debtor. The pravo.ru portal has interviewed experts, listing the exhibits of the original ‘cabinet of curiosities’ from the objects ...

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