BANKRUPTCY OF A SPOUSE ON THE BASIS OF A COMMON DEBT: IS IT POSSIBLE?

The Supreme Court of the Russian Federation submitted a complaint on the following dispute for consideration by the collegium. Loan agreements were concluded between the lender and one of the spouses, the non-fulfillment of obligations under which served as the basis for declaring the borrower bankrupt.

In the framework of the bankruptcy case, the obligation was recognized as a common debt of the spouses, and the division of property was made by the court of general jurisdiction.

In connection with the recognition of the debt by the general creditor, she appealed to the court with an application for the recognition of the spouse as bankrupt, following the consideration of which the courts of three instances introduced bankruptcy proceedings.

The debtor, in her cassation complaint to the Supreme Court of the Russian Federation, pointed out that the recognition of the debt as common only gives rise to the creditor's right to file a claim for foreclosure on the marital share, but does not allow the spouse to go bankrupt.

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