Novosibirsk court first in the Russian Federation refused to write off the debts of the bankrupt citizen

The Arbitration Court of Novosibirsk region did not write off the debt of the citizen previously recognized insolvent (bankrupt), according to court records.

Regional Arbitration December 22, 2015 declared a bankrupt loader from Novosibirsk Valery Ovsyannikov, who had debts amounting to more than 600 thousand rubles banks. In relation to the bankrupt estate has been introduced implementing the procedure. However, at the time of completion of the procedure, the court did not find the debtor’s property. Arbitration found that the citizen bankrupt acted in bad faith and refused to write off its debts. According to the representative of the debtor, it is the first precedent in Russia, where the court refused to write off the debts of the bankrupt citizen.

According to the information available in the materials of the bankruptcy case, Ovsyannikov has a debt to several banks in the amount of 600 thousand rubles. On 15 November 2011 the debtor works in OOO “Agroresources” in the position of porter. According to the statement of earnings of an individual his average monthly income in 2013, net of personal income tax amounted to about 18 thousand rubles, in 2014 - about 22 thousand rubles.

However, according to the Court, the monthly payments on the loan is 23 600 rubles. Documentary evidence confirming the existence of other sources of income of a citizen, in the case file is not represented, said arbitration. “Because of this it follows that Ovsyannikov assumed knowingly unrealizable commitments that clearly demonstrates his misconduct to the detriment of creditors,” - said the court.

Referring to the statement of bankruptcy, Ovsyannikov, according to the arbitration, sought release from his debts. Objective evidence to the court to make any conclusions, is not presented in the case file.

“The behavior of one of the parties may be considered unfair not only if there is reasonable statement to the other side, but also on the initiative of the court, if the deviation is seen an obvious participant of civil turnover action of good conduct”, - stated in the definition.

The law on bankruptcy of physical persons entered into force on 1 October 2015. According to the CBA, in Russia 400-500 thousand people could potentially pursue it. The new law defines the real mechanisms for the settlement of the debt of the citizen, both through its restructuring and write-offs of bad debts through bankruptcy. The law applies to all types of loans: consumer, car loans, mortgages, including loans in currencies

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