THE SUPREME COURT TOOK THE SIDE OF THE FU IN THE CASE OF GRANTING A WRIT OF EXECUTION

The financial manager asked the court to issue him a writ of execution in the framework of the debtor's bankruptcy case. We are talking about a document through which the transaction of the non-residential premises donation agreement between the debtor's wife and daughter will be declared invalid. Previously, it was recognized as such by the arbitration court.

The courts of first instance and the appeal refused the financial manager's request. According to the authorities, in this case, the debtor's spouse acts as the recoverer of the writ of execution, and she did not ask for the issuance of the writ of execution.

The district Court found that the financial manager in this case is the proper recoverer, however, it noted that the issuance of a writ of execution may cause a conflict of interests of two groups of creditors. They stressed that the presence of a writ of execution in this case is not necessary, it is enough to submit a definition to the registering authority.

The Supreme Court also noted that in this proceeding, the courts created a situation in which the only recoverer of the writ of execution may be a person whose will was directed to the unlawful alienation of this property and who is not interested in the execution of the judicial act. At the same time, the person whose duties include replenishing the bankruptcy estate has limited rights. The court considered that the decisions of the lower courts hinder the realization of the ultimate goal of challenging the transaction, as well as the goals and objectives of bankruptcy procedures.

The Supreme Court of the Russian Federation granted the application of the financial manager and decided that the writ of execution should be issued to him as a representative of the bankruptcy estate.

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