RusBankrot
We know everything about bankruptcy
05/02/2026
Thursday
THIS DAY IN HISTORY:
5 February 
1979 Iran became an Islamic state
1979 Iran became an Islamic state
1952 The first traffic light for pedestrians appeared in New York
1952 The first traffic light for pedestrians appeared in New York
1928 Vitamin D was artificially synthesized
1928 Vitamin D was artificially synthesized
5 February
1979 Iran became an Islamic state
1979 Iran became an Islamic state
1952 The first traffic light for pedestrians appeared in New York
1952 The first traffic light for pedestrians appeared in New York
1928 Vitamin D was artificially synthesized
1928 Vitamin D was artificially synthesized
CHOOSING THE "ONLY HOME" IN BANKRUPTCY: WHEN REGISTRATION IS NOT EQUAL TO ACCOMMODATION
The manager applied to the court for approval of the regulations on the procedure, terms and conditions for the sale of the debtor's property - the apartment (case no. A60-52052/23).
The court of first instance granted the application and concluded that it was necessary to sell the apartment in accordance with the presented provision, since the debtor and his spouse artificially created a situation in which the apartment was endowed with executive immunity.
The appeal refused to satisfy the application, based on the fact that it is necessary to take into account the opinion of the debtor himself when determining the residential premises to be excluded from the bankruptcy estate, and the debtor's right to choose a place of residence and residence. I came to the conclusion that the sale of the apartment is impractical, economically unjustified, since the debtor's debt to creditors will be possible to be repaid through the sale of other assets in the bankruptcy estate.
The cassation upheld the ruling of the first instance, pointing out that the court of first instance correctly applied the rules of law governing the disputed relations. He examined the case materials in detail and found that the debtor was making attempts to artificially give the disputed residential premises the status of the only premises suitable for permanent residence in order to conceal property from creditors' foreclosure. I have established that such behavior is unacceptable and contrary to the principles of good faith. The conclusions of the court of first instance are clear, understandable, and consistent.
Photo: Freepik
The court of first instance granted the application and concluded that it was necessary to sell the apartment in accordance with the presented provision, since the debtor and his spouse artificially created a situation in which the apartment was endowed with executive immunity.
The appeal refused to satisfy the application, based on the fact that it is necessary to take into account the opinion of the debtor himself when determining the residential premises to be excluded from the bankruptcy estate, and the debtor's right to choose a place of residence and residence. I came to the conclusion that the sale of the apartment is impractical, economically unjustified, since the debtor's debt to creditors will be possible to be repaid through the sale of other assets in the bankruptcy estate.
The cassation upheld the ruling of the first instance, pointing out that the court of first instance correctly applied the rules of law governing the disputed relations. He examined the case materials in detail and found that the debtor was making attempts to artificially give the disputed residential premises the status of the only premises suitable for permanent residence in order to conceal property from creditors' foreclosure. I have established that such behavior is unacceptable and contrary to the principles of good faith. The conclusions of the court of first instance are clear, understandable, and consistent.
Photo: Freepik
04.02.2026
