FROM THE FAMILY GARAGE TO THE COMPETITIVE MASS

FROM THE FAMILY GARAGE TO THE COMPETITIVE MASS

FROM THE FAMILY GARAGE TO THE COMPETITIVE MASS
The manager applied to the court for invalidation of the transaction on the transfer of funds by the debtor to the former spouse, as well as for invalidation of the transaction on the sale of her car to a third party (case no. A40-196963/23).

Partially satisfying the application, the courts of the two instances proceeded from the fact that the contested vehicle sale transaction was made in respect of the jointly acquired property of the spouses, at the time of alienation of the disputed property, the debtor already met the criteria of insolvency, and liquid property, confirmed by an assessment report, the market value of which is a significant amount, which could be included in the bankruptcy estate and through the implementation of which creditors could receive satisfaction of their claims.

The Cassation overturned the ruling and the decision regarding restitution and adopted a new judicial act. The court pointed out that when the disputed car was returned to the bankruptcy estate, the financial manager would have implemented it with the distribution of the proceeds between the spouses, based on the presumption of equality of the spouses' shares. Half of the proceeds from the sale of the disputed car are to be recovered from the debtor's ex-wife into the bankruptcy estate, since she has an indisputable right to retain the other half of the funds as part of the consideration of this separate dispute on the merits. 

 

Photo: Freepik

03.03.2026