Search

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 of a Russian citizen, against whom an insolvency case has been initiated, receives the status of a participant in the bankruptcy case. ...

BANKRUPTCY OF A SPOUSE ON THE BASIS OF A COMMON DEBT: IS IT POSSIBLE?

... submitted a complaint on the following dispute for consideration by the collegium. Loan agreements were concluded between the lender and one of the spouses, the non-fulfillment of obligations under which served as the basis for declaring the borrower bankrupt. In the framework of the bankruptcy case, the obligation was recognized as a common debt of the spouses, and the division of property was made by the court of general jurisdiction. In connection with the recognition of the debt by the general creditor, she appealed to the court with an application for the recognition of the spouse as bankrupt, following ...

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 ...

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

... property with her ex-husband Evgeny N. The 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 paid the loan. After the dissolution of the ... ... (subsection 1, paragraph 2, Article 325 of 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 to the credit institution) had been completely ...

THE STATE DUMA WANTS TO GIVE THE RIGHT TO ONE OF THE SPOUSES TO ESTABLISH A BAN ON THE SALE OF HOUSING

A bill has been submitted to the State Duma providing for the possibility for one of the spouses to impose a taboo on the sale of real estate acquired during marriage. The changes suggest that it will be impossible to do this without the consent of the second spouse. As the authors of the project note, in modern everyday life, situations ...

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

... Court of Appeal agreed with the conclusions of the court of first instance, noting that objective evidence of the loss of 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 to the debtor by itself (despite the fact that the debtor provides explanations about the circumstances under which the ...

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

... 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 ... ... have information about the data allowing to identify the debtor, and, as a result, was not able to track information about his bankruptcy. In such circumstances, the publication of information on the recognition of the debtor as insolvent (bankrupt) and the opening of a procedure for the sale of a citizen's property in relation to him is not a sufficient basis for ...

THE SUPREME COURT WILL DEAL WITH THE FAKE INTRODUCTION OF A NEW PARTICIPANT INTO SOCIETY ON THE CLAIM OF A SPOUSE

The plaintiff filed a lawsuit against his former spouse and the company to challenge transactions aimed at alienating the common property of the spouses – 90% of the shares in the authorized capital of the company. The plaintiff motivated his claim by the fact that the transaction for the introduction of a new participant into the company was made after the termination of the actual marital ...

Sorted by relevance | Sort by date