RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
THE DISPUTE OVER THE PROPERTY PREVENTS THE RECOGNITION OF THE TRANSACTION AS INVALID
As part of the bankruptcy case of a citizen, the manager appealed to the court with an application to challenge the car purchase and sale agreement (case no. A56-98733/20).
The defendant declared the suspension of proceedings on the dispute, the court of first instance granted this application, pointing out that the presence in the proceedings of the district court of a civil case on the recognition of personal ownership of the disputed vehicle prevents the consideration of a separate dispute in the bankruptcy case and deprives the court of the opportunity to conclude whether the regime of joint ownership of spouses extends to the vehicle.
The appeal refused to satisfy the petition, guided by the fact that the dispute over the right to a car does not prevent the contesting of the transaction.
The district court upheld the ruling of the first instance, noting that a legally significant circumstance essential for considering the financial manager's application for invalidation of the debtor's spouse's transaction can be established by a court of general jurisdiction when considering an application for recognition of the defendant's personal ownership of a vehicle.
In view of the above, the conclusion of the court of appeal that the defendant's appeal to the court with the specified application, even after a long period of time after the alienation of the vehicle, cannot serve as a basis for suspending proceedings to consider the application for invalidation of the contract, is erroneous.
The defendant declared the suspension of proceedings on the dispute, the court of first instance granted this application, pointing out that the presence in the proceedings of the district court of a civil case on the recognition of personal ownership of the disputed vehicle prevents the consideration of a separate dispute in the bankruptcy case and deprives the court of the opportunity to conclude whether the regime of joint ownership of spouses extends to the vehicle.
The appeal refused to satisfy the petition, guided by the fact that the dispute over the right to a car does not prevent the contesting of the transaction.
The district court upheld the ruling of the first instance, noting that a legally significant circumstance essential for considering the financial manager's application for invalidation of the debtor's spouse's transaction can be established by a court of general jurisdiction when considering an application for recognition of the defendant's personal ownership of a vehicle.
In view of the above, the conclusion of the court of appeal that the defendant's appeal to the court with the specified application, even after a long period of time after the alienation of the vehicle, cannot serve as a basis for suspending proceedings to consider the application for invalidation of the contract, is erroneous.
11.06.2024
