The court removed non-residential premises from bankruptcy estate

The Arbitration Court of the Krasnodar Territory issued a ruling, according to which non-residential premises and a land plot were excluded from the bankruptcy estate of the debtor.  The building was subject to the rule of executive immunity, with a proviso that the building was the only habitable property.

As part of the bankruptcy case of an individual, his bankruptcy trustee applied to the court with a request to exclude an unusual object - a non-residential building (summer kitchen), as well as a plot of land on which the building was located, from the bankruptcy estate.

Having considered the issue, the judge satisfied the claim, referring to the rule on executive immunity and the fact that the debtor simply does not have other habitable property.

Such a decision is curious, since the norm itself allows excluding the only dwelling owned by the debtor, used by him and his family for living, from the bankruptcy estate.

Nevertheless, the court, referring to the need to balance the interests of creditors and a bankrupt citizen, taking into account all the circumstances, satisfied the trustee’s claim. At the moment, the decision has already entered into force.

You can read about other grounds for excluding property from the bankruptcy estate in our material.