Supreme Court of Russia resolved the case with the purchase of real estate from debtor

The Supreme Court of the Russian Federation considered the case on challenging the settlement agreement concluded between the debtor and his creditors.  The stumbling block was a real estate object - a land plot with buildings on it, which became the subject of an agreement.

Previously, the land was sold to an individual, contrary to the requirements of the Land Code on the unity of its fate with the structure. This circumstance confused the judges, who reminded that in such a situation the transaction is recognized as void, and the failed buyer has the right to demand the money paid by him back.

The Supreme Court of the Russian Federation came to the conclusion that the agreement was void, and the disputed property continued to belong to the debtor and was included in the bankruptcy estate.

As a result, it may become the subject of settlement when concluding a settlement agreement between the parties of the bankruptcy case.

At the same time, the Economic Board noted that the failed buyer of land should have entered into a bankruptcy case in accordance with the procedure established by law - to apply for the inclusion of debt in the register of creditors’ claims with an appropriate application. An individual did not resort to such a measure.

Consequently, the applicant did not have the procedural right to challenge the settlement agreement concluded in bankruptcy, which, among other things, led to the cancellation of earlier decisions (decision No. 306-ES16-9556 (6) dated February 14, 2022).