Bankruptcy is the inability of a citizen to fulfill his obligations to creditors. At the same time, the main condition for the cancellation of debts in the framework of a bankruptcy case is the conscientious behavior of the debtor. Another condition: the debtor’s inability to honor the creditors’ claims on the obligations without giving priority to any creditor. Andrey Kevush, lawyer of the United Center for Conservation, told socialbites.ca about this.
“The bona fide behavior of the debtor is determined by taking into account all the circumstances of the case. If a citizen takes a loan for some of his needs and first pays it back in good faith and then involuntarily falls into bankruptcy, it is considered bona fide.
An unscrupulous debtor is a person who assumes obligations or borrows that clearly cannot be fulfilled, assuming there are signs of bankruptcy, and also if, when concluding a loan, he hid or gave false information, for example, about the place to the creditor. work, income, existing debt, ”explained Andriy Kevush.
He noted that in case of dishonest behavior of the debtor, he may be subject to administrative and criminal liability and refuse to write off debts.
“If we are talking about the deliberate taking of a loan with the intention of not repaying it, then these actions are part of Article 196 of the Criminal Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation. At the same time, not only the sanctions specified in the above articles can be applied to the debtor, but also if the debts are not written off,” he said.
It was learned that the court had already been. It is cancelled Recovery of Glucose and 26 million rubles for loans from her husband.