Баланс интересов кредиторов и семьи должника в делах о банкротстве граждан

Abstract

The article is devoted to the legislative norms on bankruptcy of citizens, providing the possibility of exemption from the unbearable debt obligations execution. It is noted that the number of court cases in this category annually increasing. The author studied the current legal regulation and law enforcement practice of consumer bankruptcy relations, taking into account the interests of the debtor's family as a separate community, and analyzed (in the aspect of the problem of abuse of right) the courts approaches on the issues of releasing citizens from the obligations performance; the practice of challenging transactions with the common property made by the debtor and his or her spouse. There is the need to find a balance between the interests of a debtor's family in his bankruptcy case and preventing the debtor from refusing to fulfill his obligations to his creditors. The attention is drawn to the absence of clear criteria for determining the balance of competing interests with a significant number of court disputes on this issue. It was noted that a balance between the interests of creditors and a debtor's family was achieved through retaining the debtor's minimal property to ensure his livelihood. It is concluded that further study of the issue under consideration in the aspect of the implementation of the constitutional and legal principle of family, motherhood and childhood protection in bankruptcy cases.