RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
NOT EVERY HOUSING SHOULD BE EXCLUDED FROM THE COMPETITIVE MASS
The debtor applied to the court for the exclusion of the apartment from the bankruptcy estate (case no. A56-88500/21).
Satisfying the application, the courts of two instances proceeded from the fact that the presence of real estate objects in the debtor's children does not have legal significance when establishing the fact of their actual residence together with the debtor. The courts pointed to the lack of evidence that the size of the apartment significantly (multiple) exceeds the norms for providing residential premises on social rental terms in the city.
The cassation sent the dispute for reconsideration, pointing out the following:
• When considering this dispute, the manager, objecting to the exclusion of the apartment from the bankruptcy estate, pointed out that it had signs of luxury housing, submitted reports on the presence of signs of excess in the apartment and on the economic feasibility of selling the apartment, as well as the conditions for the purchase of replacement housing.
• The court of first instance refused to satisfy the petition for the unification of separate disputes on the exclusion of the apartment from the bankruptcy estate and on the approval of the regulation on the sale of the debtor's property, which actually led to a failure to consider the merits of the objections of the manager and the majority bankruptcy creditor against the exclusion of the Apartment from the bankruptcy estate.
• In addition, the courts have assessed the fact that the apartment is not the only dwelling of the debtor. When considering this dispute, the courts have not established the composition of the debtor's family members.
• The appealed judicial acts do not contain motives and grounds for which third parties are attributed to the debtor's family members, the fact of whose cohabitation with the debtor has not been established by the courts. Registration of a person at the place of residence at the request of the owner of the dwelling is not a determining circumstance for deciding whether to recognize him as a family member of the owner of the dwelling.
Satisfying the application, the courts of two instances proceeded from the fact that the presence of real estate objects in the debtor's children does not have legal significance when establishing the fact of their actual residence together with the debtor. The courts pointed to the lack of evidence that the size of the apartment significantly (multiple) exceeds the norms for providing residential premises on social rental terms in the city.
The cassation sent the dispute for reconsideration, pointing out the following:
• When considering this dispute, the manager, objecting to the exclusion of the apartment from the bankruptcy estate, pointed out that it had signs of luxury housing, submitted reports on the presence of signs of excess in the apartment and on the economic feasibility of selling the apartment, as well as the conditions for the purchase of replacement housing.
• The court of first instance refused to satisfy the petition for the unification of separate disputes on the exclusion of the apartment from the bankruptcy estate and on the approval of the regulation on the sale of the debtor's property, which actually led to a failure to consider the merits of the objections of the manager and the majority bankruptcy creditor against the exclusion of the Apartment from the bankruptcy estate.
• In addition, the courts have assessed the fact that the apartment is not the only dwelling of the debtor. When considering this dispute, the courts have not established the composition of the debtor's family members.
• The appealed judicial acts do not contain motives and grounds for which third parties are attributed to the debtor's family members, the fact of whose cohabitation with the debtor has not been established by the courts. Registration of a person at the place of residence at the request of the owner of the dwelling is not a determining circumstance for deciding whether to recognize him as a family member of the owner of the dwelling.
26.08.2024
