RusBankrot
We know everything about bankruptcy
19/09/2024
Thursday
THIS DAY IN HISTORY:
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
19 September
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
If the debtor has no income, it is impossible to exclude funds from the bankruptcy estate for the maintenance of dependents
As part of the bankruptcy case of a citizen (No. A01-1485/23), the bank applied to the court to resolve disagreements on the procedure for distributing funds paid to the debtor's adult daughter.
The courts of two instances resolved the differences in favor of the defendant, referring to the fact that the debtor's adult daughter receives full-time education, is dependent on the debtor and does not have the opportunity to independently earn income. Monetary funds in the amount of the subsistence minimum for the debtor and his dependents are not included in the bankruptcy estate.
The cassation sent the dispute for a new consideration in part, pointing out that in the absence of a debtor citizen's permanent income and other sources of payment (retention) of funds in the amount of at least a monthly subsistence minimum, the exclusion (payment) from the bankruptcy estate of these funds is carried out by the financial manager only if there are funds in the appropriate period for regardless of the source of the formation of the bankruptcy estate, and not earlier than from the date of the debtor's request to exclude the specified amount.
Taking into account the targeted nature of these payments (for the current maintenance of the debtor and persons dependent on him), if there are no funds in the account in the current month, then payment is not made.
It can be seen from the case file that the debtor is employed and receives a salary. Meanwhile, as the district court established and follows from the debtor's own explanations, in September and October 2023, as well as in January and February 2024, the debtor did not receive wages. Thus, during these periods there was no income coming into the bankruptcy estate of the debtor. Accordingly, under such circumstances, monthly payments could not be made by the financial manager.
The courts of two instances resolved the differences in favor of the defendant, referring to the fact that the debtor's adult daughter receives full-time education, is dependent on the debtor and does not have the opportunity to independently earn income. Monetary funds in the amount of the subsistence minimum for the debtor and his dependents are not included in the bankruptcy estate.
The cassation sent the dispute for a new consideration in part, pointing out that in the absence of a debtor citizen's permanent income and other sources of payment (retention) of funds in the amount of at least a monthly subsistence minimum, the exclusion (payment) from the bankruptcy estate of these funds is carried out by the financial manager only if there are funds in the appropriate period for regardless of the source of the formation of the bankruptcy estate, and not earlier than from the date of the debtor's request to exclude the specified amount.
Taking into account the targeted nature of these payments (for the current maintenance of the debtor and persons dependent on him), if there are no funds in the account in the current month, then payment is not made.
It can be seen from the case file that the debtor is employed and receives a salary. Meanwhile, as the district court established and follows from the debtor's own explanations, in September and October 2023, as well as in January and February 2024, the debtor did not receive wages. Thus, during these periods there was no income coming into the bankruptcy estate of the debtor. Accordingly, under such circumstances, monthly payments could not be made by the financial manager.
12.09.2024
