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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 marriage, he collected from Tatiana N. half of the amount paid to the bank. The matter did not end there. The man continued to ... ... (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 ...

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

The Supreme Court of the Russian Federation 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 ...

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