THE DEBTOR HAS THE RIGHT TO SPEND MONEY ON RENTING HOUSING

In refusing to satisfy the claim, the courts of two instances proceeded from the fact that the exclusion from the bankruptcy estate of the amount requested by the debtor, taking into account the average monthly income of the debtor, would lead to a violation of the balance of rights and interests of the debtor and his creditors, since the debtor's expenses for rental housing actually exceed half the amount of his income.

The cassation granted the application, pointing out that the debtor explained to the arbitration court that the place of registration of a citizen is of a notifying nature, the specified apartment does not belong to the debtor by right of ownership, the owner of the apartment that he rents with his wife and young child does not give permission to register in it, which led to the need to issue temporary registration in in the apartment of friends, so that they can attach the child to the clinic and send him to kindergarten.

The monthly payments that the debtor's spouse receives are not enough to pay for the rent of the residential premises in question. In addition, it is also necessary to purchase various goods for a young child, which also takes a certain amount monthly.

The debtor's argument that he or his spouse does not own residential premises for living is confirmed by the case materials. The financial managers and bankruptcy creditors also did not provide evidence of the disproportionality of the amount of the rent for the premises, nor did they present arguments about the abuse of the debtor's rights.

According to the judicial board, the exclusion from the bankruptcy estate of funds in the amount requested by a citizen and those in need of renting premises is not significant and will not affect the satisfaction of creditors' claims.