RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
TRANSPORTATION FOR THE DISABLED: BALANCING THE INTERESTS OF THE DEBTOR AND CREDITORS IN BANKRUPTCY PROCEEDINGS
The debtor applied to the court for the exclusion of the car from the bankruptcy estate (case no. A66-15067/24).
In rejecting the application, the courts of the two instances were guided by the lack of evidence of the debtor's family ties with another person, as well as the fact that the latter is dependent on the debtor and the disputed car is necessary for the movement of the said person. In addition, the courts took into account that the disputed vehicle is the only asset and, accordingly, its exclusion from the bankruptcy estate will entail the impossibility of forming a bankruptcy estate and, as a result, settlements with creditors.
The cassation referred the dispute for reconsideration and pointed out the following. It was established that the citizen and another person live at the same address, the financial manager did not object to the exclusion of the vehicle. At the same time, the court of appeal did not take into account the provided evidence of the need for a car for the movement of the specified person.
Courts should check whether another person or other family members living with the debtor have other vehicles, check the relevance of the need to visit a medical facility and the frequency of such visits, and correlate the amount of probable transportation costs for the upcoming period of bankruptcy proceedings with the amount by which the bankruptcy estate can be replenished as a result of the sale of the car.
Photo: Freepik
In rejecting the application, the courts of the two instances were guided by the lack of evidence of the debtor's family ties with another person, as well as the fact that the latter is dependent on the debtor and the disputed car is necessary for the movement of the said person. In addition, the courts took into account that the disputed vehicle is the only asset and, accordingly, its exclusion from the bankruptcy estate will entail the impossibility of forming a bankruptcy estate and, as a result, settlements with creditors.
The cassation referred the dispute for reconsideration and pointed out the following. It was established that the citizen and another person live at the same address, the financial manager did not object to the exclusion of the vehicle. At the same time, the court of appeal did not take into account the provided evidence of the need for a car for the movement of the specified person.
Courts should check whether another person or other family members living with the debtor have other vehicles, check the relevance of the need to visit a medical facility and the frequency of such visits, and correlate the amount of probable transportation costs for the upcoming period of bankruptcy proceedings with the amount by which the bankruptcy estate can be replenished as a result of the sale of the car.
Photo: Freepik
28.11.2025
