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What rights does the debtor's spouse have in case of bankruptcy?

... District has published clarifications regarding insolvency cases of citizens. The document raised questions about the procedure for determining the amount of remuneration of the bankruptcy trustee when paying for his work with the joint property of the spouses, the pre-emptive right to purchase property belonging to the spouses in the event of bankruptcy of one of them, and a number of others. More details about such cases we have selected in our material. Interest on the remuneration of the bankruptcy ...

CAN A SPOUSE LIQUIDATE A DEBT OF A BANKRUPT?

When considering a case on challenging the repayment of the common debt of the spouses by the debtor's wife, the courts could not come to a common opinion, and the manager insisted on recognizing the transaction as invalid. But the Supreme Court put an end to the issue, having explained its position quite simply. Initially, the ...

COURTS NEED TO RELY ON EVERYDAY EXPERIENCE

The manager appealed to the court with an application to challenge the transfer of funds from the debtor to his ex-wife (case No. A67-9258/19). Partially satisfying the application, the courts of two instances proceeded from the absence of adequate evidence in the case materials confirming the existence of counter-enforcement in favor of the debtor by the defendant when making payments. The cassation sent the dispute for reconsideration and noted the following: • When drawing conclusions about the...

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