THE DEBTOR HAS A RIGHT TO DECIDE HOW TO GET HIS PENSION, SUMMED UP THE DISTRICT COURT

Within the framework of the insolvency case of an individual, his bankruptcy trustee filed a claim to change the procedure for paying the pension. Initially, the debtor received it using the services of a third party. The trustee asked to transfer the amount exceeding the subsistence level to the personal account of the debtor.

The courts of the first two instances supported the applicant, but the District Court found this interpretation of the law to be incorrect.

It was noted in the cassation that, according to the norms of the pension legislation, the pensioner has a right to independently determine how he will get his pension.

At the same time, changing the way of receiving it without the consent of the pensioner is not allowed by law.

In addition, according to the district court, the rule established by the pension legislation corresponds to the balance of interests of creditors and the debtor. The fact is that the debtor is a person who is obliged to transfer to the bankruptcy estate the amounts that exceed the amount to be excluded from the bankruptcy estate. Accordingly, the debtor is also responsible for failure to comply with this requirement.

Thus, the district court concluded that the lower courts had no grounds for changing a procedure for receiving a pension by the debtor (decision No. F09-7300 / 18 of April 13, 2021).