Abstract
This article is devoted to the problems of bankruptcy of citizens who are in family legal relations. The problems in this area are due to the fact that most bankruptcy procedures against citizens end with the sale of the debtor’s property, which leads to the fact that the persons involved in this case pursue various, sometimes directly opposite, goals. After all, if a citizen has insufficient funds and other property to settle obligations, the property interests of his creditors competing for the distribution of the bankruptcy estate among them are affected. On the contrary, its beneficiaries are interested in preserving the property of a bankrupt citizen, which inevitably entails the likelihood of various kinds of abuses aimed at creating the appearance of civil and family relations that did not exist in reality.
Highlights
The creation of the institution of insolvency of a citizen was based on the legal doctrine of "freshstart": a citizen gets the opportunity to get rid of debts if he provides his property to cover debts and settlements with creditors
In accordance with the Federal Law of the Russian Federation of October 26, 2002 "On Insolvency (Bankruptcy)", part of the funds from the sale of the common property of spouses is included in the bankruptcy estate, corresponding to the citizen's share in such property, the rest of these funds is paid to the spouse
It should be noted that the presence of minor children or incapacitated persons dependent on the debtor significantly complicates the bankruptcy procedure of a citizen, since the financial manager in this case is obliged to withdraw funds intended to ensure the vital activity of these persons and transfer them to the debtor
Summary
The creation of the institution of insolvency of a citizen was based on the legal doctrine of "freshstart": a citizen gets the opportunity to get rid of debts if he provides his property to cover debts and settlements with creditors. In the USA, a debtor "donates" all his existing property to creditors, being completely released from all obligations, but retains all future income [1]. That is why the institution of consumer bankruptcy is considered as a benefit for a conscientious citizen in many countries of the world, but not everywhere yet [2]. Bankruptcy law seeks to protect the creditors, first, from one another and, secondly, from their debtor. A third object, the protection of the honest debtor from his creditors, by means of the discharge, is sought to be attained in some of the systems of bankruptcy, but this is by no means a fundamental feature of the law [3]
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