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Constitutional Court of Russia protected the interests of children in the case of bankruptcy of their parents

... before, the Constitutional Court of the Russian Federation considered the complaint of a woman who was dissatisfied with the position of the arbitration courts. They partially denied her demand to leave the subsistence minimum for herself (the bankrupt debtor) and for her two minor children during bankruptcy. The applicant had been declared insolvent two years earlier due to arrears under a loan agreement, in which she acted as a guarantor. After that, she demanded to exclude the amounts equal to ...

Modified: 04.19.2022
CC of Russia , debtor , bankruptcy of an individual , subsistence level , dependent
Path: РусБанкрот - СМИ

The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's ...

Modified: 10.14.2021
Supreme court of Russia , court ruling , moratorium interest , debtor , creditor , bankruptcy of an individual , bankruptcy of a citizen , bankruptcy
Path: РусБанкрот - СМИ

THE SUPREME COURT OF RUSSIA CLARIFIED WHO SHOULD BE CHARGED WITH A BURDEN OF PROVING WHEN CHALLENGING A DEBT

... instances, but the appeal has rejected it. The Supreme Court of Russia canceled all three decisions, sending the case for reconsideration. The disputed claim was based on a multimillion-dollar loan, which was taken from the company by an individual debtor. In the opinion of the courts of the first and cassation instances, the applicant confirmed both the fact of receipt and expenditure of funds by the debtor, and the absence of any evidence of the parties' bad faith. The appeal, in turn, indicated ...

Modified: 08.12.2021
The Supreme Court of Russia , inclusion in the register of creditors’ claims , creditor , debtor , bankruptcy of an individual , loan agreement , bankruptcy
Path: РусБанкрот - СМИ
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