RusBankrot
We know everything about bankruptcy
20/05/2024
Monday
THIS DAY IN HISTORY:
20 May 
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
20 May
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
THE DEBTOR IS NOT OBLIGED TO KEEP THE SPOUSE'S VEHICLES
The manager appealed to the court with an application for the recovery of vehicles from the debtor (case no. A26-9197/21).
Satisfying the application of the financial manager, the court of first instance proceeded from the fact that the only possibility of finding vehicles is the initiative of the manager as a recoverer in enforcement proceedings.
The Court of Appeal agreed with the conclusions of the court of first instance, noting that objective evidence of the loss of vehicles by the debtor was not provided, and evasion from their transfer creates obstacles to the manager in the formation of the bankruptcy estate.
The cassation sent the dispute for reconsideration, guided by the fact that the registration of property rights to the debtor by itself (despite the fact that the debtor provides explanations about the circumstances under which the property left his possession) is not sufficient proof that the disputed property is in the possession of the debtor.
The debtor indicated that the vehicles were purchased by his spouse and only formally registered in his name, the debtor was not engaged in the maintenance of vehicles. Also, according to him, after the death of his spouse, the car was actually used by a former acquaintance of his spouse. The remaining vehicles are trailers, two of which were purchased for disassembly into parts, and the third was scrapped in 2018. In this regard, the conclusions of the courts do not correspond to the actual circumstances of the case, the cassation stressed.
Satisfying the application of the financial manager, the court of first instance proceeded from the fact that the only possibility of finding vehicles is the initiative of the manager as a recoverer in enforcement proceedings.
The Court of Appeal agreed with the conclusions of the court of first instance, noting that objective evidence of the loss of vehicles by the debtor was not provided, and evasion from their transfer creates obstacles to the manager in the formation of the bankruptcy estate.
The cassation sent the dispute for reconsideration, guided by the fact that the registration of property rights to the debtor by itself (despite the fact that the debtor provides explanations about the circumstances under which the property left his possession) is not sufficient proof that the disputed property is in the possession of the debtor.
The debtor indicated that the vehicles were purchased by his spouse and only formally registered in his name, the debtor was not engaged in the maintenance of vehicles. Also, according to him, after the death of his spouse, the car was actually used by a former acquaintance of his spouse. The remaining vehicles are trailers, two of which were purchased for disassembly into parts, and the third was scrapped in 2018. In this regard, the conclusions of the courts do not correspond to the actual circumstances of the case, the cassation stressed.
24.04.2024
