Can the spouse of a citizen-bankrupt early pay off the mortgage debt?

As explained by the Supreme Court, for this the courts need to investigate the issues of whether the payment was made to repay the mortgage at the expense of the debtor and whether it is permissible to challenge it in the framework of his bankruptcy case.

Lawyer Tenzor Consulting Group Venera Plieva commented on the definition for Advokatskaya Gazeta. Venus believes that the Supreme Court has clarified the issue of determining the ability to repay the mortgage by the spouse of the bankrupt. “Previously, the courts have already considered disputes with similar circumstances, which for the most part were resolved in favor of preserving the only residential property. The Supreme Court was critical of the circumstances that the courts considered sufficient to invalidate the contested transaction. In my opinion, it seems fair when resolving such disputes, mainly to determine the source of funds, at the expense of which the co-borrower made the repayment of obligations. The bankruptcy of one co-borrower should not interfere with the proper performance of the obligations of the other, and this applies not only to the spouses, but also to other participants in the loan relationship, ”she is convinced.

The article of the Advokatskaya gazeta is available here.

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