The court clarified the specifics of selling weapons at auction

The court clarified the specifics of selling weapons at auction

The court clarified the specifics of selling weapons at auction
The Arbitration court of the Moscow District considered the case on the complaint of one of the creditors, who did not agree with the plan for the sale of the debtor's property proposed by the bankruptcy trustee.  The question concerned several weapons, which the trustee proposed to sell in one lot, while the creditor considered it more correct to sell each unit separately.

The courts of the first and appellate instances supported the trustee, but the district court canceled their decisions.

The question related to the need to sell the property arose within the framework of the bankruptcy case of a citizen. The trustee applied to the court with a claim on the approval of the relevant provision, and the courts of the first two instances upheld him.

Their position was that the option of selling weapons in one lot, proposed by the trustee, is the most optimal and meets the goal of the procedure - the most complete satisfaction of the creditors' claims.

However, the district court came to a different conclusion, indicating that the sale of 9 items of the weapon belonging to the debtor in one lot could have led to a number of difficulties. In particular, due to the fact that the weapons presented for sale were different, the prospective buyer would have to present 9 licenses at once in case of acquiring the entire lot, which might complicate the process of finding a buyer. What is more, the law contains restrictions on the total number of weapons that one person has the right to own, and this circumstance can also narrow the circle of potential buyers.

As a result, the decisions made by the lower courts were canceled, and the case was sent for reconsideration (decision in case ¹ À40-121894 / 18 of July 29, 2021).


27.09.2021