THE BANK IS NOT OBLIGED TO MONITOR THE SOLVENCY OF THE BORROWER'S SPOUSE

As part of the bankruptcy case of a citizen, the bank applied to the court with an application for recognition of the loan obligation as a common obligation of the spouses and the inclusion of a claim from the loan agreement in the debtor's register as a secured car. The bank justified its claim by the existence of a loan agreement between the debtor's spouse and the bank, and also filed a petition to restore the deadline for submitting a claim to the register (A71-8283/20).

The courts of two instances recognized the obligation as general, but refused to restore the deadline for submitting a claim to the register, and therefore lowered the order of its satisfaction.

The district court sent the dispute for a new consideration, noting that in the case under consideration, the fact that the loan agreement was concluded not by the debtor himself, but by his spouse is important. There are no credit relations between the creditor and the debtor directly, the bank (according to him) did not have information about the data allowing to identify the debtor, and, as a result, was not able to track information about his bankruptcy. In such circumstances, the publication of information on the recognition of the debtor as insolvent (bankrupt) and the opening of a procedure for the sale of a citizen's property in relation to him is not a sufficient basis for recognizing the bank as timely notified of the introduction of bankruptcy proceedings against the debtor.