What rights does the debtor's spouse have in case of bankruptcy?

The Scientific Advisory Council at the Arbitration Court of the Ural District has published clarifications regarding insolvency cases of citizens.  The document raised questions about the procedure for determining the amount of remuneration of the bankruptcy trustee when paying for his work with the joint property of the spouses, the pre-emptive right to purchase property belonging to the spouses in the event of bankruptcy of one of them, and a number of others.  More details about such cases we have selected in our material.

Interest on the remuneration of the bankruptcy trustee

In a situation where the bankruptcy trustee works with the property of debtor, which is common with the spouse of the latter, but they do not have common obligations, the payment of interest on the sale of such property is calculated based on the share of the bankrupt citizen, but not on the total proceeds from the sale of the object.

The pre-emptive right to purchase a housing on sale for a bankrupt spouse

The Arbitration Court of the Ural District recalled that in the event that the residential real estate of a bankrupt spouse is subject to sale, his husband or wife has a pre-emptive right to purchase such an object by law. At the same time, the price must be determined due to the results of open auctions, and the spouse, in turn, is obliged to contribute a part of the cost of the property corresponding to the size of the share.

The order of payment of compensation in the division of the common property of the spouses

Payment of compensation must be made after the sale of the property that was the subject of the claim. At the same time, the amount to be paid is determined due to the amount of funds actually received from the sale of property, but not due to the amount determined by the court of general jurisdiction.

You can read more about these and other clarifications here.