1. The subject of the dispute is the recognition of monetary claims of the creditor against the debtor in the case of insolvency of an individual.
2. The court of cassation quashed the decision of the appellate court, since the appellate court did not take into account that the assignment of the right of claim under a loan agreement in favor of an individual is possible only in cases where the previous creditor (bank) was deprived of a banking license and was in the process of liquidation, or if the financial company that assigned the right of claim had the appropriate license, which the appellate court did not verify; also, the court did not properly assess the debtor’s arguments about the creditor’s omission of the statute of limitations and did not investigate the issue of repayment of part of the claims. The court of cassation also emphasized that the mere fact that there is no court decision on the invalidity of the assignment agreement is not an indisputable basis for recognizing the creditor’s monetary claims.
3. The Supreme Court quashed the ruling of the appellate court and sent the case for a new trial to the court of appellate instance.
