Arsen Garipov Biography

The resolving part of the resolution was announced in full the eleventh arbitration court of appeal, as part of the presiding judge of the Immortal O. Kazan, the applicant, on the declaration of a citizen of Garipov A. Kazan further - the debtor. By the ruling of the Arbitration Court of the Republic of Tatarstan from Kazan further - the debtor, the procedure for restructuring the debts of a citizen was introduced, the financial manager approved Kamalov T.

by the decision of the Arbitration Court of the Republic of Tatarstan from the decision of the Arbitration Court of the Republic of Tatarstan, without agreeing with the adopted judicial act, Arsen Rustamovich Garipov appealed to the eleventh arbitration court with an appeal The complaint, which asks to cancel the ruling of the trial of the first instance regarding the inevitation of Garipov Arsen Rustamovich from the further fulfillment of the requirements of Rybakov Vladimir Vladimirovich in the amount of 5 rubles of the main debt, rubles 67 kopecks of other people's funds, 20 rubles of representative expenses, adopt a new judicial act.

By the ruling of the eleventh arbitration court from the court, the court hearing was scheduled. Information on the adoption of the appeal to the production, movement of the case, on the time and place of the court session is posted by the Arbitration Court on the official website of the eleventh arbitration court on the Internet at WWW. Reviews about the appeal were not received.

At the court hearing of the court of appeal, the representative of the debtor Garipov A. Other persons participating in the case properly notified of the time and place of consideration of the appeal, including publicly by posting information about the time and place of the court session on the official sites of the eleventh arbitration court and the Supreme Court of the Russian Federation in the information and telecommunication network of the Internet, the appearance of its representatives At the hearing was not provided, in connection with which the complaint is considered in their absence, in the manner prescribed by Chapter 34 of the APC of the Russian Federation.

Taking into account that in the order of appeal proceedings, only part of the judicial act, the arbitration court of the appeal instance are appealed by virtue of Part. If the persons involved in the case of the indicated objections before the trial, the arbitration court of the appeal, begins to verify the judicial act in the contested part and on its own initiative is not entitled to go beyond the appeal, with the exception of the court compliance by the court of procedural law given in part 4 of the articles of the APC of the Russian Federation.

There were no objections from the parties. By virtue of Article 32 of the Federal Law, as follows from the materials of the case and established by the court of first instance, measures were taken to the financial manager to identify, form, evaluate and sell the bankruptcy estate, property in total was identified in the amount of 10, 03 rubles. From the report of the financial manager submitted to the case file, it follows that the court’s ruling in the register of claims of the debtor’s creditors includes claims in the amount of 6, 45 rubles.

The message on the declaration of the debtor by insolvent bankrupt and the introduction of the procedure for the sale of property of a citizen in relation to him was published in the Kommersant newspaper N from the register of creditors' claims is closed. The register of creditors' claims was not repaid. The expenses of the financial manager for the implementation of the property amounted to 24.59 rubles.

Based on the report of the financial manager on his activities and on the results of the implementation of the citizen’s property, according to the presented answers from the registration authorities, the debtor’s property, which, in accordance with civil procedural legislation, may not have a recovery, it is impossible to restore the solvency of the debtor. According to the analysis of the financial condition of the debtor, the financial manager identified the debtor's transactions to be disputed, and the presence of signs of deliberate bankruptcy was established.

All measures necessary to complete the procedure for the implementation of the property of a citizen are completed by the financial manager. The evidence of the availability of property from the debtor, due to which it is possible to repay the claims of creditors, as well as evidence indicating the possibility of its detection and increase in the competitive mass, there are no information in the case file, does not have information about the possible receipt of funds to the debtor.

Concluding the sale of the property of the debtor, the court of first instance proceeded from the fact that the property of the debtor was not found to be found, the register of the claims of the debtor's creditors did not repay.According to paragraph 1 of the article, by virtue of paragraph 2 of the article in accordance with paragraph 6 of the article, in accordance with paragraph 3 of the article, the exemption of a citizen from obligations does not apply to the claims of creditors provided for in paragraphs 4 and 5 of this article, as well as to claims, the availability of which lenders did not know and should not have known by the time the citizen’s property was accepted.

In turn, paragraph 4 of the article in these cases, the arbitration court in the ruling on the completion of the sale of the property of a citizen indicates the non -use of the Rules for the exemption from the fulfillment of obligations or issues a ruling on the non -discretion of the Rules on exemption from the fulfillment of obligations, if these cases are revealed after the completion of the citizen’s property is completed.

Clause 5 of Article 10 of the Civil Code of the Russian Federation establishes that the good faith of participants in civil relations and the rationality of their actions are assumed. N 45 "On some issues related to the introduction of the procedures applied in cases of insolvency of bankruptcy of citizens" explained that the purpose of the provisions of paragraph 3 of article, these norms are aimed at preventing the concealment of any circumstances that can negatively affect the possibility of the most complete satisfaction of the claims of creditors, comprise the court to resolve the issues of bankruptcy proceedings, or otherwise prevent the consideration of the case.

As a general rule, the question of the presence or absence of circumstances in which the debtor cannot be exempted from the fulfillment of obligations is allowed by the court when the decision to complete the implementation of the property of the debtor is submitted. The Presidium of the Supreme Court of the Russian Federation, however, the Institute of Bankruptcy is an extraordinary way of exemption from debts, since as a result of its application, the rights of creditors who counted on receiving due to them may be inferior to a large extent.

The bankruptcy procedure is not intended for unreasonable departure from liability and termination of debt obligations, and judicial control over this procedure, among other things, does not allow it to be used with unlawful purposes and protects creditors from fictitious bankruptcy. Bankruptcy legislation establishes a good faith standard, allowing to free himself from debts only to an honest citizen-debtor who is unintentional in a difficult financial and economic situation, open to cooperation with the financial manager, court and creditors and providing them with active assistance in verifying his property viability and proportional satisfaction of creditors' claims.

Checking conscientiousness is carried out both in the presence of a reasonable statement of the dispute, and at the initiative of the court, if the obvious deviation of the actions of the participant in the civil turnover from bona fide behavior is seen. In this case, the court brings out circumstances for discussion, clearly testifying to such unscrupulous behavior, even if other parties did not refer to them.

When establishing the dishonesty of one of the parties, the court, depending on the circumstances of the case and, taking into account the nature and consequences of such behavior, applies measures to protect the interests of the bona fide side or third parties from the unscrupulous behavior of the other side of the paragraph fourth, fifth p. If the debtor arose or fulfilled, on which the bankruptcy creditor founded his demand, he acted illegally tried to withdraw the assets, performed the assets Fraud, hid or deliberately destroyed the property, etc.

On the same basis, it is not allowed to free the citizen from obligations to complete the extrajudicial bankruptcy of a citizen Clause 2 of the article, Refusal to exemption from obligations should be due to the illegal behavior of the debtor aimed at deliberate evasion of the fulfillment of his obligations to creditors. This legal position is reflected in the ruling of the Supreme Court of the Russian Federation from the release of a citizen from obligations is not allowed if it is proved that in the event of an obligation or fulfillment of an obligation on which the requirement in the bankruptcy case of a citizen is based, the latter acted illegally p.

The relevant circumstances can be established within the framework of any trial of a separate dispute in the bankruptcy case of the debtor, as well as in other cases, from the above norms of law and clarification, as well as by virtue of the legal position, formulated in the determination from not applying the debtor from the further fulfillment of the obligations of the V.

Rybakov V. fulfillment of obligations to the creditor Rybakov V.In support of the appeal, the debtor indicates that he acted in good faith, a long failure to fulfill the terms of credit agreements and the unemployment of the debtor do not indicate the dishonesty of the debtor’s behavior, abuse his rights in order to avoid the fulfillment of obligations, the facts of the debtor’s unfair behavior, including evidence of the concealment of any property by the debtor, evaluating from employment The financial manager, the refusal to provide any documents was not identified.

Having examined the materials of the case, having studied the arguments of the appeal, having checked in accordance with the articles, the APC of the Russian Federation, the legality of the appropriation by the court of first instance of the norms of substantive and procedural law, the compliance of the conclusions contained in the judicial act established in the case and the evidence available in the case, the eleventh arbitration court of appeal came to the conclusion that there are grounds for canceling the judicial act, adopted by the arbitration court of first instance in the appealed part.

The exemption of a citizen from obligations is not allowed if it is proved that in the event of an obligation on which the requirement in the case of bankruptcy of a citizen is based, the latter applied illegally clause 4 of the article, the relevant circumstances can be established within the framework of any trial of a separate dispute in the case of bankruptcy of the debtor, as well as in other decisions of the Plenum of the Supreme Court of the Russian Federation from in cases where under the case when The consideration of the bankruptcy case will be established signs of intentional or fictitious bankruptcy or other circumstances indicating the abuse of the debtor with their rights and other obviously unfair behavior to the detriment of the creditors, the court, guided by Article 10 of the Civil Code of the Russian Federation, is entitled to indicate the completion of the property of the debtor’s property to notify the rules on this debtor.

exemption from the fulfillment of obligations. From the above norms of the law and clarification of the highest court, it follows that the refusal to exempt from obligations should be due to the unlawful behavior of the debtor aimed at deliberate evasion of the fulfillment of their obligations to creditors to conceal their property, the obstruction of the financial manager, etc., due to the law on bankruptcy of the citizen, are carried out under the control of the court, which consistently makes decisions on all Key issues, including relating to the initiation of the case, introduction of a particular procedure, approval of the arbitration manager, establishing the requirements of creditors, resolving the procedures of bankruptcy of disagreements, the release of a citizen from debt obligations, etc.

The right to judicial protection guaranteed by Article 46 of the Constitution of the Russian Federation, includes not only the possibility of a citizen to apply to the court with a statement about his own bankruptcy, but also It involves providing the state from the state for the use of the entire consumer bankruptcy mechanism. By the meaning of paragraph 4 of the article, in contrast to the dishonesty, the unreasonable behavior of an individual in itself is not an obstacle to further exemption from obligations.

According to paragraph fourth paragraph 4 of article, malicious evasion of debt repayment is expressed in a persistent intentional unwillingness of the debtor to fulfill the obligation if there is an opportunity. Such evasion is usually not limited to simple inaction; As a rule, the behavior of the debtor is actively, he performs intentional actions for a long time to achieve his unlawful goal.

The malicious evasion should be distinguished from non -debt due to the lack of the possibility, irrational management of the household or a combination of life circumstances. The determination of the Judicial College for the Economic disputes of the Supreme Court of the Russian Federation from the signs of malnutrition of evasion is detected, among other things, that the debtor: deliberately hides its real income or property that can be recovered; It makes illegal actions in relation to this property, including imaginary transactions, an article by the Civil Code of the Russian Federation, so as not to make settlements with the creditor; Changes the place of residence or a name without notifying the creditor about it; counteracts the bailiff or the financial manager in the performance of the obligations to form the property mass, subject to the inventory, implementation and direction to repay debt on the obligation; Despite the claims of the creditor to repay the debt, a clearly luxurious lifestyle leads.

Within the meaning of the paragraph of the fourth paragraph 4 of the article, the specified determination was canceled in terms of the transfer of a large part of the documents initially requested by the court, the decision of the eleventh arbitration court of appeal from the debtor, acting conscientiously, carried out banking cards to the financial manager also fulfilled the obligation to transfer title documents for property.

Other documents, except for the manager sent to the debtor, were absent. In the response to the request of the financial manager, the debtor sent T. Kamalov confirming the above arguments, were submitted by the debtor in the case file when considering the application of Kamalov T. when considering separate disputes on the dispute of the deals of a residential building with a land plot and a contract of sale of a residential building with a land plot, the court did not establish the circumstances that the disputed transactions were sent that the disputed transactions were sent.

to harm the rights of creditors. The requirements for the recognition of transactions invalid the court were denied. The funds received by the debtor from the sale of the BMW X3 vehicle were aimed at paying off the debt to Rybakov V. The arguments of the creditor regarding the debtor's deviation from the return of funds were not confirmed by appropriate evidence Article 65 of the APC of the Russian Federation.

The funds that the debtor received from the implementation of labor activities were excluded from the bankruptcy estate due to the presence of two minor children, as well as the wife of the debtor of care for them. The indicated circumstances were established by the court when considering the debtor's application for the exclusion of property from the competitive mass, the determination of the arbitration court of the Republic of Tatarstan from the regard to the presence of conclusions in the analysis of the financial condition of the debtor on the presence of signs of intentional bankruptcy by the debtor Garipov A.

In addition, the presence of such a withdrawal in itself does not indicate the presence of the Rules on the execution of obligations from the fulfillment of obligations. The legislator connects the possibility of not changing such rules with the presence of a court sentence or bringing the debtor to administrative responsibility, which in the case is not available.

In the case under consideration, judicial acts that have entered into legal force, according to which the debtor was brought to criminal or administrative liability for unlawful actions in bankruptcy, deliberate or fictitious bankruptcy, there are no cases, as well as judicial acts, according to which the citizen did not provide the necessary information or provided obviously inaccurate information to the financial manager or the financial manager or the financial The arbitration court considering the bankruptcy case of a citizen.

Evidence that in the event of an obligation or fulfillment of the obligation on which the bankruptcy creditor founded his claim in the case of bankruptcy of a citizen, the citizen acted illegally, including committed fraud, viciously evaded paying off accountables, evaded paying taxes and or fees from an individual, provided the creditor with obviously false information in receipt of the loan, hidden or intentional Destroyed property, do not contain the case file.

When considering this dispute, the debtor’s actions containing signs of dishonesty, fraud, or providing a lender of knowingly false information were not established. Evidence, objectively testifying to the abuse of the debtor with their rights and other obviously unfair behavior to the detriment of creditors, is not submitted to the case. Evidence, which certainly testifying to the debtor's goal of evasion subsequently from the fulfillment of credit obligations, has not been established.

The very fact of the impossibility of paying payables caused by the objective worsening of the material condition of the debtor cannot be considered illegal and is the basis for non -its extension of the citizen from obligations. The evidence that the debtor performed any actions to conceal the property belonging to him, hid any facts that would allow us to satisfy the claims of the creditors, was also not submitted to the case file.

The information received by the financial manager indicates that the debtor’s violations or unscrupulous behavior in the bankruptcy procedure providing for a possible refusal to exempt obligations from fulfilling obligations. At the same time, the court of appeal takes into account the legal position set forth in the ruling of the Supreme Court of the Russian Federation from, unlike the dishonesty, the unreasonable behavior of an individual in itself is not such an obstacle.