CHALLENGING TRANSACTIONS IS NOT ALWAYS THE BASIS FOR NON-RELEASE FROM OBLIGATIONS

The creditor, objecting to the application of the rules on release from obligations to one of the debtors, pointed out that a surety agreement had been concluded between him and the debtor. According to its terms, the debtor undertook not to alienate property worth more than 1 million rubles. However, the specified prohibition was not observed by the debtor.

The courts of two instances, however, noted that despite the fact that the transactions on the alienation of property were challenged, the facts of abuse of the right on the part of the debtor were not established by the courts. And by itself, the recognition of transactions on the alienation of the debtor's property as invalid on special grounds of the Bankruptcy Law is not an independent basis for not releasing a citizen from obligations.

The cassation, referring the dispute to a new consideration, noted that the lower courts did not take into account the above contractual prohibition for the alienation of property without the consent of the bank, as well as the fact that the debtor, when filing an application for its own bankruptcy, did not indicate the facts of transactions that were subsequently challenged under the rules of the Bankruptcy Law.

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