THE MANAGER IS OBLIGED TO EXAMINE THE ASSETS OF THE DEBTOR'S FAMILY MEMBERS

THE MANAGER IS OBLIGED TO EXAMINE THE ASSETS OF THE DEBTOR'S FAMILY MEMBERS

THE MANAGER IS OBLIGED TO EXAMINE THE ASSETS OF THE DEBTOR'S FAMILY MEMBERS
The manager applied to the court for the completion of the bankruptcy procedure of the citizen (case no. A50-33859/22).

The courts of two instances completed the procedure for the sale of property and released the debtor from obligations, considering that all the measures provided for in the bankruptcy procedure had been completed, the grounds for extending the bankruptcy procedure and the grounds for not releasing the citizen from obligations had not been established.

The cassation sent the dispute for reconsideration, noting that the administrators had not fully sent requests to the registration authorities to collect information about the debtor's financial situation and identify property; they had not analyzed electronic money transfers from individuals and legal entities over the three-year period preceding the acceptance of the debtor's bankruptcy declaration.

At the same time, no financial analysis was received by the creditor, no information about deliberate/fictitious bankruptcy was published on the EFRSB website, and there is no information about any income of the debtor or his employment.

In addition, the creditor pointed out the abuse of the right on the part of the debtor, who uses legal instruments in order to release himself from obligations that arose as a result of his conscious actions.

It does not follow from the text of the contested ruling that the court of first instance duly verified the completeness of the measures taken by the manager in the implementation procedure, the court limited itself to pointing out the absence of property to be included in the bankruptcy estate, the completion of the measures of the property sale procedure provided for by the bankruptcy law, as well as the fact that the debtor acted in good faith in the procedure, He answered the manager's inquiries.

The administrator did not apply to the court with a request to request information from the registry Office regarding the debtor, requests to the registration authorities for information about the property of the debtor's children and ex-wife for three years prior to the acceptance of the application for declaring the debtor bankrupt were not sent to the administrator, information regarding The division of property has not been investigated by the court, and there is no copy of the judicial act on the dissolution of the marriage between the debtor and his former spouse in the case file., that the marriage certificate contains its details.

These circumstances are significant and should be included in the subject of the study and evaluation of the courts. The manager should check the place of work, income, property, with whose funds and during what period the property was acquired both in relation to the debtor and in relation to his family members, including children, and, if necessary, assist the court in obtaining such information from the manager and creditors.

The establishment of the debtor's property, including those acquired during marriage, the identification of transactions for the debtor's alienation of property in favor of his family members, involving a study of their property status, is the responsibility of the manager, these measures are standard in bankruptcy proceedings.

29.05.2026