RusBankrot
We know everything about bankruptcy
09/05/2024
Thursday
THIS DAY IN HISTORY:
9 May 
2021 Victory Day.
2020 Victory Day
1944 The city of Sevastopol was liberated.
1944 The city of Sevastopol was liberated.
1936 Mussolini announced the accession of Ethiopia to Italy.
1936 Mussolini announced the accession of Ethiopia to Italy.
9 May
2021 Victory Day.
2020 Victory Day
1944 The city of Sevastopol was liberated.
1944 The city of Sevastopol was liberated.
1936 Mussolini announced the accession of Ethiopia to Italy.
1936 Mussolini announced the accession of Ethiopia to Italy.
IF THE HOUSE HAS NOT BEEN SOLD YET, IT CAN BE EXCLUDED FROM THE TENDER
A debtor citizen applied to the court for the exclusion of a land plot and a residential building from the bankruptcy estate (case No. A56-130362/19).
The courts of two instances refused to satisfy the claim, based on the fact that the debtor did not provide up-to-date information about the place of its registration, as well as evidence confirming that the disputed property is the only room suitable for living. The court of first instance also took into account that the debtor took measures to alienate the disputed property by concluding a compensation agreement, which indicates that the debtor, by his actions, refused to recognize the status of the only habitable premises for the disputed property.
The court of appeal concluded that there were no grounds for satisfying the debtor's application, since at the time of his appeal to the court with an application for the exclusion of property from the bankruptcy estate, this property was put up for auction and sold, in connection with which it is considered to have dropped out of the bankruptcy estate and, accordingly, cannot be excluded from it.
The cassation sent the dispute for reconsideration and noted that none of the bidders had concluded a contract with respect to the disputed property, had not made payment for this property, and the state registration of the transfer of ownership from the debtor to the buyer had not been carried out.
In such circumstances, in the opinion of the court, there are no grounds for concluding that the property was disposed of from the bankruptcy estate of the debtor and a possible violation of the rights of the winners of the auction by excluding property from the bankruptcy estate. As can be seen from the materials of the dispute and the debtor's statement, he asks to exclude from the bankruptcy estate two residential buildings located on the disputed land plot. If the debtor has several residential premises belonging to him by right of ownership, the premises in respect of which executive immunity is granted shall be determined by the court considering the bankruptcy case.
The courts of two instances refused to satisfy the claim, based on the fact that the debtor did not provide up-to-date information about the place of its registration, as well as evidence confirming that the disputed property is the only room suitable for living. The court of first instance also took into account that the debtor took measures to alienate the disputed property by concluding a compensation agreement, which indicates that the debtor, by his actions, refused to recognize the status of the only habitable premises for the disputed property.
The court of appeal concluded that there were no grounds for satisfying the debtor's application, since at the time of his appeal to the court with an application for the exclusion of property from the bankruptcy estate, this property was put up for auction and sold, in connection with which it is considered to have dropped out of the bankruptcy estate and, accordingly, cannot be excluded from it.
The cassation sent the dispute for reconsideration and noted that none of the bidders had concluded a contract with respect to the disputed property, had not made payment for this property, and the state registration of the transfer of ownership from the debtor to the buyer had not been carried out.
In such circumstances, in the opinion of the court, there are no grounds for concluding that the property was disposed of from the bankruptcy estate of the debtor and a possible violation of the rights of the winners of the auction by excluding property from the bankruptcy estate. As can be seen from the materials of the dispute and the debtor's statement, he asks to exclude from the bankruptcy estate two residential buildings located on the disputed land plot. If the debtor has several residential premises belonging to him by right of ownership, the premises in respect of which executive immunity is granted shall be determined by the court considering the bankruptcy case.
27.04.2024
