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05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
Prenuptial Agreement in Anticipation of Bankruptcy: The Limits of a Good Faith Division
The manager filed a claim with the court to invalidate the marriage contract concluded between the debtor and his ex-husband (case No. A53-45493/23).
Courts at both levels rejected the petition, citing that the manager had failed to prove sufficient grounds to invalidate the transaction. The prenuptial agreement was concluded on the terms of a real division of property in anticipation of the divorce. At the time of the contested transaction, the debtor showed no signs of insolvency.
In remanding the dispute for a new trial, the cassation court noted that the lower courts had failed to consider the debtor's numerous financial obligations under loan agreements at the time the prenuptial agreement was concluded. It was established that the debtor had become delinquent in repaying its monetary obligations, including loans, at a certain point. Indeed, enforcement proceedings had been initiated, leading to minor periodic write-offs of funds. However, the debtor lacked a stable source of income that would have allowed him to repay the creditors' claims on a monthly basis.
Furthermore, the district court noted that the aforementioned loan agreements were concluded during the debtor and his spouse's marriage, and as a result of the disputed prenuptial agreement, no marital property remained in the debtor's ownership. However, the debtor retained the general obligations under the loan agreements. According to the property valuation reports submitted, the value of the property transferred to the spouse's sole ownership as a result of the prenuptial agreement amounted to a significant sum. The debtor's register of creditors' claims included creditors' claims for a total amount.
Therefore, the conclusion of the disputed prenuptial agreement was aimed at removing the debtor's liquid marital property. The debtor's actions violated the creditors' rights by making it impossible to satisfy their claims included in the register.
Photo: Freepik
Courts at both levels rejected the petition, citing that the manager had failed to prove sufficient grounds to invalidate the transaction. The prenuptial agreement was concluded on the terms of a real division of property in anticipation of the divorce. At the time of the contested transaction, the debtor showed no signs of insolvency.
In remanding the dispute for a new trial, the cassation court noted that the lower courts had failed to consider the debtor's numerous financial obligations under loan agreements at the time the prenuptial agreement was concluded. It was established that the debtor had become delinquent in repaying its monetary obligations, including loans, at a certain point. Indeed, enforcement proceedings had been initiated, leading to minor periodic write-offs of funds. However, the debtor lacked a stable source of income that would have allowed him to repay the creditors' claims on a monthly basis.
Furthermore, the district court noted that the aforementioned loan agreements were concluded during the debtor and his spouse's marriage, and as a result of the disputed prenuptial agreement, no marital property remained in the debtor's ownership. However, the debtor retained the general obligations under the loan agreements. According to the property valuation reports submitted, the value of the property transferred to the spouse's sole ownership as a result of the prenuptial agreement amounted to a significant sum. The debtor's register of creditors' claims included creditors' claims for a total amount.
Therefore, the conclusion of the disputed prenuptial agreement was aimed at removing the debtor's liquid marital property. The debtor's actions violated the creditors' rights by making it impossible to satisfy their claims included in the register.
Photo: Freepik
21.11.2025
