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We know everything about bankruptcy
01/01/2025
Wednesday
THIS DAY IN HISTORY:
1 January 
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
1 January
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
Supreme Court of Russia allowed bankruptcy trustee request information about the assets of bankrupt’s children
The question of the ability of bankruptcy trustee to make inquiries and receive information about the property of the descendants of a bankrupt citizen was considered by the Supreme Court. The initiator in the case was Sergei Gulyaev, who had previously gone through all judicial instances, trying to oblige Russian State Register employees to obtain the relevant data through arbitration.
In case No. À56-6326 / 2018, Sergey Rassvetov was declared bankrupt. Since the insolvent citizen had not only a spouse, but also several sons (born in 1998 and 2006), the bankruptcy trustee made a conclusion that the debtor could hide part of the assets by registering them for children, who did not have their own source of income.
In the court of first instance, the reason for the refusal was the separate regime of the property of parents and children, established by the family law. Kapkaev was instructed that even if a bankrupt citizen transferred some property to his relatives, it was possible to find it out in various ways: by analyzing bank statements, initiating a separate dispute when challenging an agreement and other similar instruments.
The trustee demanded to provide information about the spouse's property from the moment of her marriage with the debtor (1997), and information about the assets of the children from the moment of their birth. In the latter, the courts rejected Kapkaev’s claim, having found no legal grounds for this.
In the Supreme Court, trustee was represented by Andrei Makarov, who drew the attention of the judges to the lack of children’s own income, as well as to the presence of precedents when the same courts make opposite decisions on similar disputes. In particular, they talked about case No. À56-6315 / 2018, which resolved the issue of Marina Lomagina's insolvency.
In case No. À56-6326 / 2018, Sergey Rassvetov was declared bankrupt. Since the insolvent citizen had not only a spouse, but also several sons (born in 1998 and 2006), the bankruptcy trustee made a conclusion that the debtor could hide part of the assets by registering them for children, who did not have their own source of income.
After Gulyaev received refusals from three courts, he decided to apply to the Supreme Court.
The Judge Denis Kapkaev, apparently, got interested in a legal conflict, and the documents were submitted to the economic board for consideration. Unexpectedly for many, Themis listened to the arguments of the plaintiff, sending the case for reconsideration to the court of first instance.In the court of first instance, the reason for the refusal was the separate regime of the property of parents and children, established by the family law. Kapkaev was instructed that even if a bankrupt citizen transferred some property to his relatives, it was possible to find it out in various ways: by analyzing bank statements, initiating a separate dispute when challenging an agreement and other similar instruments.
The trustee demanded to provide information about the spouse's property from the moment of her marriage with the debtor (1997), and information about the assets of the children from the moment of their birth. In the latter, the courts rejected Kapkaev’s claim, having found no legal grounds for this.
In the Supreme Court, trustee was represented by Andrei Makarov, who drew the attention of the judges to the lack of children’s own income, as well as to the presence of precedents when the same courts make opposite decisions on similar disputes. In particular, they talked about case No. À56-6315 / 2018, which resolved the issue of Marina Lomagina's insolvency.
As a result, the judges came to a decision to cancel the verdicts of the three previous instances, having indicated that it would be enough to request information only for three years preceding the appearance of signs of the debtor's insolvency, but not for the entire period of his family life.
According to Makarov, the decision adopted by the Supreme Court may contribute to the unification of judicial practice on issues related to the bankruptcy of individuals and the search for their property. 11.11.2021
