Yulia Shilova | A commentary for Advokatskaya Gazeta: The Supreme Court clarifies how to initiate bankruptcy proceedings after the debtor has been convicted
Yulia Shilova, an advocate of ART DE LEX law firm, points out that debts incurred as a result of damage to property of creditors must be included in the register of creditors' claims. She notes that there are no gaps in the legislation in this area, and that the Law on Bankruptcy governs the possibility of including in the register the debts occurred as a result of damage to property of creditors. For example, Article 4 of the Law on Bankruptcy lists the obligations, which if defaulted can be used as the basis for initiating bankruptcy proceedings. Such grounds include debts arising as a result of damage to the property of creditors. Moreover, taking into account the legal position set out in the Ruling of the Judicial Panel for Economic Disputes of the Supreme Court No. 307-ES20-2237 of August 3, 2020 in case No. A21-8956/2018, the list of grounds set out in Article 4 of the Law on Bankruptcy is not exhaustive.
Yulia Shilova notes that, according to Article 213.1 of the Bankruptcy Law, the relations concerning bankruptcy of individuals and not regulated by that Article are regulated by Articles I-III.1, VII, VIII, para 7 of Article IX and para 2 of Article XI of the Bankruptcy Law. Consequently, the grounds for the initiation of bankruptcy proceedings against an individual specified in Article 213.5 of the Bankruptcy Law are not exhaustive either, and bankruptcy proceedings may also be initiated, while the debt arising from damage to the property of creditors may subsequently be included in the register.
