THE ARBITRATION COURT OF THE MOSCOW DISTRICT EXCLUDED MATERIAL EVIDENCE FROM THE BANKRUPTCY ESTATE

A citizen on the eve of bankruptcy sold all his own apartments, leaving only one – the most expensive - in the property.

But even that apartment turned out to be difficult: legally it was two separate real estate objects, in respect of which an unregistered reconstruction was carried out, as a result of which they actually became a single room.

The financial manager appealed to the court with a demand to approve the regulation on the sale of apartments in one lot, and the debtor claimed the exclusion of the only housing from the bankruptcy estate.

The courts approved the provision, noting the dishonesty of the debtor's actions, as well as the fact that the sale of apartments will allow not only to fully repay the creditors' claims, but also to purchase other real estate.

The cassation canceled the judicial acts, refusing to approve the sale regulations, pointing out that the disputed apartments are material evidence in a criminal case against the debtor, which does not allow them to be sold at auction.

Photo: Freepik