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Supreme Court of Russia outlined who has the right to initiate simplified bankruptcy procedures

... assignor to the assignee. Thus, if the assignor (bank) by law had the right to initiate a case on the insolvency of a citizen without additional prolongation of the debt, then the buyer of this debt (the assignee), had the same rights. As a result, the decisions of the lower instances were canceled, and the dispute was sent for reconsideration to work on the errors ( decision No. 306-ES21-19441 of March 18, 2022).

Modified: 03.23.2022
Supreme Court of Russia , decision , cession , bankruptcy , bankruptcy of a citizen , bank , assignor , assignee
Path: РусБанкрот - СМИ

The court stood up for a bona fide buyer of the bankrupt’s real estate

... apartment from an individual who was in the process of debt restructuring. The courts of two instances, at the initiative of a bankruptcy trustee, considered the transaction invalid, but the district did not agree with such a position. The property in ... ... his family, where he moved after signing the deal. No evidence of his bad faith was presented to the court. As a result, the decisions of the lower courts were canceled, and the case will be reconsidered in the court of first instance ( decision in case ...

Modified: 02.17.2022
county court , decision , invalid contract , purchase and sale of an apartment , bankruptcy of a citizen , bankruptcy
Path: РусБанкрот - СМИ

Supreme Court of Russia explained what to do with a pledge lender who failed to file the claims in time

... Supreme Court of Russia considered the case on the complaint of the debtor, who remained dissatisfied with the result of the decisions made by the lower instances. The judges reinstated the deadline for filing an application for the inclusion in the ... ... latter received money from the creditor. Subsequently, the debtor (individual) applied to the court with a petition for his own bankruptcy, indicating the debt to the pledge lender. Bankruptcy trustee sent a notice about the commencement of the insolvency ...

Modified: 12.16.2021
Supreme Court of Russia , decision , bankruptcy , bankruptcy of a citizen , secured creditor
Path: РусБанкрот - СМИ
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