RusBankrot
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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.
THE BOUNDARIES OF ALIMONY AGREEMENTS IN CASE OF INSOLVENCY OF THE PAYER
The manager appealed to the court with a demand to recognize the alimony payment agreement as an invalid transaction (case no. A40-33232/22).
The alimony recipient filed a counter-application for inclusion of alimony arrears in the debtor's register.
The agreement was declared invalid by the court of first instance, as it was concluded in the presence of unfulfilled obligations to creditors. The established amount of alimony was found to be excessive. The request to include the debt in the second stage of the register of creditors' claims was rejected.
The Court of Appeal declared unfounded the conclusions of the lower instance on the recognition of the agreement as invalid under Articles 10, 168 of the Civil Code of the Russian Federation.
The cassation referred the dispute for reconsideration and pointed out the following:
Photo: Freepik
The alimony recipient filed a counter-application for inclusion of alimony arrears in the debtor's register.
The agreement was declared invalid by the court of first instance, as it was concluded in the presence of unfulfilled obligations to creditors. The established amount of alimony was found to be excessive. The request to include the debt in the second stage of the register of creditors' claims was rejected.
The Court of Appeal declared unfounded the conclusions of the lower instance on the recognition of the agreement as invalid under Articles 10, 168 of the Civil Code of the Russian Federation.
The cassation referred the dispute for reconsideration and pointed out the following:
- The courts have not analyzed the debtor's real income for the period preceding the conclusion of the agreement. There was also no comparison of the amount of income and established alimony with the necessary funds for a decent standard of living for children.
- In addition, there is no verification of the fact that the agreement has been submitted for execution, and the balance between the interests of the child and creditors has not been ensured. The possibility of preserving part of the agreement even if it is declared invalid in terms of exceeding the reasonable needs of the child is not taken into account.
Photo: Freepik
01.09.2025
