Kommersant: debtors use children as imaginary asset holders bankrupts for hiding information about his real estate. In this way, the authorities want to fight the registration of property in the name of dummy owners, Kommersant reports.
The reason for the court's clarifications was the dispute over the bankruptcy of Sergei Rassvetov. As part of the proceedings, the financial manager asked Rosreestr to provide information about the real estate of the debtor's wife and children born in 1998 and 2006. However, the courts of three instances allowed to check the information only about the possessions of the bankrupt's wife. As a result, FinU appealed to the Supreme Court and received the right to check the presence of real estate in children.
“Children are the category of persons that can be used by a debtor to withdraw property by creating a figure of an imaginary holder of assets,” they said in The Supreme Court.
The court also clarified that minors and children under 23 who study full-time may not have their own sources of income and be financially dependent on their parents. Agencies need to provide the administrator with documents of ownership “if there is even minimal doubt about the fictitious registration of the property of the insolvent parent on them.”
In October 2021, the Supreme Court clarified what obligations in relation to property arise for the heirs. The reason for the explanation was the story when the owner of the real estate did not manage to conclude a contract for the sale and purchase of an object during his lifetime. As a result, the court ruled that “the fulfillment of obligations arising at the will of the testator is obligatory for the heirs.”