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TAXES CAN ALSO BE SHARED BETWEEN SPOUSES

In the framework of the bankruptcy case of a citizen (No. A46-5751/21), the manager filed an application for recognition of debts to creditors by the common obligations of the spouses. Satisfying the application in full, the court of first instance was guided by the fact that the loan funds were spent on family needs, a tax was accrued on the purchased loan funds, therefore, the obligations are common to the spouses. The appeal ...

IMPORTANT CHANGES IN THE BANKRUPTCY LAW

A number of significant amendments have been made to the Insolvency Law. In particular, now a citizen's spouse and relatives can be involved in bankruptcy. Now the arbitration manager has the right to receive data on the assets of the debtors' spouses without going to court. In addition, the arbitration manager can find out information about the property and other relatives of the bankrupt. It will be possible to do this in court, but without a direct hearing. Also, the former or current spouse ...

THE SUPREME COURT HAS PROTECTED THE WIFE WHO WENT BANKRUPT FROM THE FINANCIAL DEMANDS OF THE EX-SPOUSE

... source of family discord was a total loan in the amount of 2.7 million rubles. His ex-spouses received it from the bank when they were still married. Evgeny N. regularly... ... The man continued to pay off the loan and after a while again demanded payment of the debt from the former through the court. He considered that the joint and several obligation... ... the Civil Code of the Russian Federation). By this time, Tatiana N. had gone through bankruptcy (case no.A41-82762/2020). She expected that her debts (including obligations...

THE DEBTOR IS NOT OBLIGED TO KEEP THE SPOUSE'S VEHICLES

The manager appealed to the court with an application for the recovery of vehicles from the debtor (case no. A26-9197/21). Satisfying the application of the financial manager, the court of first instance proceeded from ... ... vehicles by the debtor was not provided, and evasion from their transfer creates obstacles to the manager in the formation of the bankruptcy estate. The cassation sent the dispute for reconsideration, guided by the fact that the registration of property rights ...

THE BANK IS NOT OBLIGED TO MONITOR THE SOLVENCY OF THE BORROWER'S SPOUSE

As part of the bankruptcy case of a citizen, the bank applied to the court with an application for recognition of the loan obligation as a common obligation of the spouses and the inclusion of a claim from the loan agreement in the debtor's register as a secured car. The bank justified its claim by the existence of a loan agreement between the debtor's spouse and the bank, and also filed a petition to restore the deadline for submitting a claim to the register (A71-8283/20). The ...

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