Search

Supreme Court of Russia indicated the debtor's right to receive full amount of retirement benefits

..., the provisions of bankruptcy legislation had priority over other documents, including pension law, since they were special in the case under consideration. Consequently, as the judges considered, they should have been applied, which meant that the debtor's pension, accrued to him after being declared bankrupt, should have become a part of the bankruptcy estate. The Economic Board, in turn, recalled the enactment of the norm of part 12 of Article 21 of the Law on Insurance Pensions, according to which, even ...

Supreme Court of Russia ordered to check what will be left to a retiree after the debt recovery

... income of the debtor separately in each case. This must be done in order to maintain a balance of interests between the pensioner and his creditors. The situation when a person pays more than he (she) is able to is simply unacceptable. In the case of a pensioner from Krasnoyarsk, the debtor had two sources of income: a disability pension and a monthly cash payment due to his health condition. At the same time, according to the law, the last source of income could not be subject to collection within the framework of enforcement proceedings....

Sorted by relevance | Sort by date