IF THE SPOUSE PARTICIPATED IN THE WITHDRAWAL OF THE DEBTOR'S ASSETS, HE IS ALSO RESPONSIBLE FOR THE INVALID TRANSACTION

The court of first instance granted the application and noted that the contract was concluded after the initiation of bankruptcy proceedings of the debtor, in respect of the joint property of the spouses, in favor of the interested person, evidence of payment, as well as the buyer's financial ability to purchase a car was not provided, which is why it concluded that the combination of circumstances was proven to invalidate the transaction.

The courts of appeal and cassation overturned the ruling and pointed out that the manager proved the totality of grounds for invalidating the disputed transaction, drawing attention to the fact that as a result of the conclusion of the disputed agreement, the debtor's assets were withdrawn free of charge, creditors were harmed. Having applied the consequences of invalidity in the form of recovery from the defendant, as the acquirer of the debtor's property, the value of the car, the courts did not see any grounds for applying the consequences of the invalidity of the transaction in relation to the spouse.

The Supreme Court referred the complaint of the manager to the board for consideration and stressed that as a result of the commission by the debtor's ex-wife of a gratuitous transaction for the alienation of jointly acquired property in favor of the interested person, the debtor lost his share in the common property to be included in the bankruptcy estate, as a result of which damage was caused to the property rights of creditors. Bankruptcy legislation provides for the application of consequences in the form of joint and several penalties from persons who jointly caused harm.

The manager believes that the recovery of the value of the car from the spouse in solidarity with the buyer does not violate her rights, since she must return 1/2 of the value of the common property belonging to the debtor spouse to the bankruptcy estate, which is similar to the method of distributing funds after the sale of jointly acquired property in bankruptcy proceedings.

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