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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 ...

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 ...

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

... the Khimki City Court, issued on February 28, 2023. The case (No. 2-1481/2023) was about the division of jointly acquired 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 ...

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 the fact that the only possibility of finding vehicles is the initiative of the manager as a recoverer in enforcement proceedings. The 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...

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 ...

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 ...

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 ...

THE COURT OF US CONSIDERED A CLAIM OF HUSBAND FILED AFTER HIS WIFE TRIPPED OVER HER SHOES

... the reason. The woman's lawyers assured that the plaintiff should have shown prudence himself and checked if there were any objects under his feet that he could trip over. As a result of the consideration of the case, the claim was rejected, and the spouses continued to live together.

THE COURT DECLARED BANKRUPTCY OF A MARRIED COUPLE DUE TO THE COMMUNITY DEBT

The case on declaring bankruptcy of two individuals at once – a married couple and co-borrowers under a loan agreement concluded with a bank - was referred to the arbitration court. As it usually happens, the husband and wife signed an agreement under which they took the money, having pledged the property they owned. At first, the debt was regularly paid, but later the payments stopped. The bank's attempts to get the money back were unsuccessful, and the credit institution demanded that the borrowers...

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