{"id":35066,"date":"2026-03-25T10:23:30","date_gmt":"2026-03-25T07:23:30","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?p=35066"},"modified":"2026-04-13T10:25:02","modified_gmt":"2026-04-13T07:25:02","slug":"we-previously-returned-the-debtors-real-estate-to-the-bankruptcy-estate-to-provide-funds-to-pay-off-creditors-claims-and-now-with-the-help-of-the-cassation-court-we-have-remanded-the-dispute","status":"publish","type":"post","link":"https:\/\/de-ure.ru\/en\/2026\/03\/25\/we-previously-returned-the-debtors-real-estate-to-the-bankruptcy-estate-to-provide-funds-to-pay-off-creditors-claims-and-now-with-the-help-of-the-cassation-court-we-have-remanded-the-dispute\/","title":{"rendered":"We previously returned the debtor&#8217;s real estate to the bankruptcy estate to provide funds to pay off creditors&#8217; claims, and now, with the help of the cassation court, we have remanded the dispute regarding the refusal to include our claims for a new trial."},"content":{"rendered":"<p>vYes, the sequence of actions can be exactly that. Otherwise, by the time the debtor is included in the register of creditors&#8217; claims, there may be a situation where he does not have property at the expense of which it is possible to repay obligations.<\/p>\n<p>The Arbitration Court of the Moscow District granted our complaint and annulled the judicial acts of the first and appellate instances, which refused to include our Principal&#8217;s claims in the register of creditors&#8217; claims of the debtor, including on the grounds of missing the limitation period.<\/p>\n<p>At the same time, the Court of Cassation postponed the court session in order to form a legal position that would be taken into account by the courts when considering similar legal situations.<\/p>\n<p>Roman Volkomorov, a lawyer at the Bureau of Lawyers &#8220;De jure&#8221;, convinced the court of cassation that the limitation period for filing a creditor&#8217;s claim, which is by its nature a civil claim for recovery of damage caused by a crime, cannot begin its course earlier than the initiation of a criminal case in which a civil claim is filed.<\/p>\n<p>As a result, the dispute was returned to the first instance, which will allow our Principal to exercise the right to include their claims in the debtor&#8217;s register of creditors and receive proportionate repayment.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>vYes, the sequence of actions can be exactly that. Otherwise, by the time the debtor is included in the register of creditors&#8217; claims, there may be a situation where he does not have property at the expense of which it is possible to repay obligations. The Arbitration Court of the Moscow District granted our complaint&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111,147],"tags":[164],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/35066"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=35066"}],"version-history":[{"count":2,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/35066\/revisions"}],"predecessor-version":[{"id":35068,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/35066\/revisions\/35068"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=35066"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=35066"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=35066"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}