Search

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 partially satisfied the application, noting ...

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

... 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 the consideration of which the courts of three ...

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 ... ... 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 ...

Sorted by relevance | Sort by date