THE MANAGER SHOULD LOOK FOR A POSSIBLE SPOUSE OF THE DEBTOR

As part of the bankruptcy case of a citizen, the manager appealed to the court with an application for the completion of the sale of property without releasing the debtor from obligations (case No. A41-46926/18).

The courts of two instances, completing the bankruptcy procedure, noted that there were no grounds for refusing to release the debtor from obligations.

In addition, the courts rejected the creditor's arguments about incomplete bankruptcy measures, pointing out that these arguments are aimed at challenging the actions of the manager and cannot be considered in the context of completing the bankruptcy procedure.

The district court sent the dispute for reconsideration and proceeded from the fact that in the present case, if there are at least four judicial acts that have entered into force, imposing on the defendants the obligation to return to the debtor's bankruptcy estate property in kind (three judicial acts) or its market value (one judicial act), the named property, as reasoned indicates creditor, the bankruptcy estate has not been received. And the financial manager, in turn, did not indicate any actions aimed at forming the bankruptcy estate, he committed.

Also, in the opinion of the instance, the creditor's argument about the failure to provide information on the results of the sale of 50% of the share in the authorized capital of the company deserves attention. In addition, the cassation drew attention to the arguments of the creditor that the manager limited himself to receiving a refusal from the registry office to provide information about the composition of the debtor's family and did not apply to the arbitration court with a petition for a judicial request.