RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
ON THE BOUNDARY BETWEEN HOUSING NECESSITY AND INVESTMENT WILL
The creditor applied to the court with a request to include his claim in the register of claims for the transfer of residential premises in the framework of the bankruptcy case of the developer (case no. A41-80758/17).
The courts of two instances refused to satisfy the application, guided by the fact that the creditor acquired the right to claim under the assignment agreement after the debtor's bankruptcy case was initiated and is not a person in need of better housing conditions. Moreover, obtaining the rights to the disputed apartment is aimed solely at obtaining state compensation through the debtor's bankruptcy procedure. It was also stated that the application was submitted only after a decision was made on financing activities for the unfinished construction site.
The cassation sent the dispute for reconsideration, pointing out that the courts of the first and appellate instances had not taken into account important circumstances established by earlier judicial acts in the bankruptcy case of another company. In particular, the co-investor's ownership of the disputed unfinished construction site was recognized, as well as the procedural succession of this co-investor to the creditor. These circumstances are essential for the resolution of the dispute.
Additionally, the court noted that the conclusions of the lower courts on the existence of the lender's investment objectives were based only on the fact that the latter was registered at a certain address. However, a copy of the passport cannot serve as proof of ownership of a residential building. To determine the degree of the lender's need for housing, it is necessary to check the presence or absence of other immovable property in his property.
Photo: Freepik
The courts of two instances refused to satisfy the application, guided by the fact that the creditor acquired the right to claim under the assignment agreement after the debtor's bankruptcy case was initiated and is not a person in need of better housing conditions. Moreover, obtaining the rights to the disputed apartment is aimed solely at obtaining state compensation through the debtor's bankruptcy procedure. It was also stated that the application was submitted only after a decision was made on financing activities for the unfinished construction site.
The cassation sent the dispute for reconsideration, pointing out that the courts of the first and appellate instances had not taken into account important circumstances established by earlier judicial acts in the bankruptcy case of another company. In particular, the co-investor's ownership of the disputed unfinished construction site was recognized, as well as the procedural succession of this co-investor to the creditor. These circumstances are essential for the resolution of the dispute.
Additionally, the court noted that the conclusions of the lower courts on the existence of the lender's investment objectives were based only on the fact that the latter was registered at a certain address. However, a copy of the passport cannot serve as proof of ownership of a residential building. To determine the degree of the lender's need for housing, it is necessary to check the presence or absence of other immovable property in his property.
Photo: Freepik
28.10.2025
