The Supreme Court allowed not to pay the loan debt to unreasonable borrowers

Banks are to blame for lending money to such people.

The Supreme Court of Russia ruled to release a resident of Arkhangelsk from the need to return debts to banks. To do this, it was necessary to cancel the decisions of the courts of three instances.

As it became known to MK, the unlucky Arkhangelsk took a loan from two large banks for a total of almost 2.3 million rubles, but at some point she realized that she could not return them, and began bankruptcy proceedings. For the sale of the woman’s property, the arbitration court approved the candidacy of the financial manager. Following the sale, he submitted to the court a report on his work and a petition to complete the procedure. But the Arkhangelsk Regional Arbitration Court did not release the debtor from obligations to creditors. Supported by the servants of Themis and colleagues from the highest authority. When making such a decision, the courts pointed to the debtor’s dishonest behavior, which, according to the judges, was expressed in an increase in accounts payable on the eve of bankruptcy (3 months before going to court) and the assumption of obviously unfulfillable obligations (monthly loan payments exceeded the debtor’s income for the same period).

The Supreme Court did not agree with the opinion of colleagues: the debtor did not hide or destroy her property, did not provide false information to the financial manager. And the assumption of unbearable debt obligations due to a biased assessment of one’s own financial capabilities and life circumstances cannot be a reason not to release a woman from debts. In the case described, one should speak not of bad faith, but of the unreasonable behavior of the debtor. At the same time, banks, professional participants in the credit market, had every opportunity to establish the creditworthiness of the borrower, but for some reason gave her money. Therefore, the woman was released from the performance of obligations.