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.
WHEN A SPOUSE'S PERSONAL FUNDS PROTECT PROPERTY FROM CREDITORS
The debtor's spouse applied to the court for the exclusion of the vehicle from the bankruptcy estate (case no. A53-21503/18).
The court of first instance granted the application and proceeded from the fact that the disputed car could not be sold as part of the debtor's bankruptcy case, since it was the personal property of the debtor's spouse. The court found that the funds for the initial payment for the purchase of a car were received by the debtor's spouse as a gift from her relative, which is confirmed by the donation agreement. The terms of the donation agreement stipulate that the donor undertakes to pay all expenses for the purchase of a car during the year, including periodic payments under the loan agreement. The debtor's financial manager has confirmed the absence of information about the debtor's availability of funds that have not been deposited in the bankruptcy estate.
The court noted that, since the debtor and his spouse had no income at the time of the purchase of the car, the grounds for including the car in the bankruptcy estate and the repayment of creditors' claims included in the register through its implementation were unlawful.
The appeal refused to satisfy the application, guided by the fact that the car was purchased by the debtor's spouse during the marriage, therefore, it is joint property. There was no division of property between the spouses, and no marriage contract was concluded. The car was purchased with credit funds, not the personal funds of the spouse and the donor. The transfer of jointly acquired property as collateral is not a reason for excluding property from the bankruptcy estate and does not prevent its sale in bankruptcy proceedings.
The cassation upheld the ruling of the first instance, noting that the case file established that the car was purchased by the debtor's spouse a considerable time after the debtor was declared bankrupt. A study of the sources of financing showed that the funds for the initial payment and payment of monthly loan payments were provided by a third party under a donation agreement.
At the same time, as the cassation notes, the debtor's financial manager failed to provide evidence that the funds could have been received from the family budget or belonged personally to the debtor. Consequently, the car was purchased at the expense of the debtor's spouse's personal funds, which excludes it from the joint ownership regime. In addition, the court took into account the need to use a car to transport children and the family's residence in a remote area. The approach adopted by the court of appeal makes it impossible for the debtor's spouse to purchase a vehicle necessary for the family at the expense of personal funds in the absence of the possibility of using the debtor's funds.
Photo: Freepik
The court of first instance granted the application and proceeded from the fact that the disputed car could not be sold as part of the debtor's bankruptcy case, since it was the personal property of the debtor's spouse. The court found that the funds for the initial payment for the purchase of a car were received by the debtor's spouse as a gift from her relative, which is confirmed by the donation agreement. The terms of the donation agreement stipulate that the donor undertakes to pay all expenses for the purchase of a car during the year, including periodic payments under the loan agreement. The debtor's financial manager has confirmed the absence of information about the debtor's availability of funds that have not been deposited in the bankruptcy estate.
The court noted that, since the debtor and his spouse had no income at the time of the purchase of the car, the grounds for including the car in the bankruptcy estate and the repayment of creditors' claims included in the register through its implementation were unlawful.
The appeal refused to satisfy the application, guided by the fact that the car was purchased by the debtor's spouse during the marriage, therefore, it is joint property. There was no division of property between the spouses, and no marriage contract was concluded. The car was purchased with credit funds, not the personal funds of the spouse and the donor. The transfer of jointly acquired property as collateral is not a reason for excluding property from the bankruptcy estate and does not prevent its sale in bankruptcy proceedings.
The cassation upheld the ruling of the first instance, noting that the case file established that the car was purchased by the debtor's spouse a considerable time after the debtor was declared bankrupt. A study of the sources of financing showed that the funds for the initial payment and payment of monthly loan payments were provided by a third party under a donation agreement.
At the same time, as the cassation notes, the debtor's financial manager failed to provide evidence that the funds could have been received from the family budget or belonged personally to the debtor. Consequently, the car was purchased at the expense of the debtor's spouse's personal funds, which excludes it from the joint ownership regime. In addition, the court took into account the need to use a car to transport children and the family's residence in a remote area. The approach adopted by the court of appeal makes it impossible for the debtor's spouse to purchase a vehicle necessary for the family at the expense of personal funds in the absence of the possibility of using the debtor's funds.
Photo: Freepik
01.12.2025
