THE SUPREME COURT CALLED ON THE COURTS TO STUDY ALIMONY IN BANKRUPTCY IN MORE DETAIL

In the framework of the bankruptcy case, the debtor's financial manager appealed to the court with an application to challenge the debtor's transfers in favor of the former spouse. Despite the fact that the payments were named as made in payment of alimony, according to the manager, in fact, the purpose of their commission was to cause harm to creditors.

The courts of three instances granted the application. The Supreme Court of the Russian Federation refused to transfer the complaint to the board for consideration.

After determining the Deputy Chairman of the Supreme Court of the Russian Federation on the transfer of the complaint, the court sent the dispute for a new consideration, noting that the courts, contrary to the request of the debtor's spouse, did not establish the debtor's income and the amount of legal alimony calculated from it. At the same time, the data that could be used to determine the amount due for the maintenance of the daughter are available in the case materials.

For the amount of the disputed payments attributable to alimony in favor of the spouse, the claims were not subject to satisfaction.

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