THE DISTRICT COURT INTRODUCED INTERIM MEASURES TO THE PROPERTY OF THIRD PARTIES UNDER THE SUBSIDY

In the bankruptcy case of the Express-Credit commercial bank (No. A40-235392/16), the issue of taking interim measures against third parties arose. The courts of two instances rejected the relevant request of the bankruptcy trustee, considering such a decision a violation of the rights of owners. However, the Arbitration Court of the Moscow District annulled the adopted judicial acts and introduced interim measures.

In the bankruptcy case of CB Express-Credit, Andrei Khmelnitsky was brought to subsidiary responsibility. The amount of his obligation amounted to more than 2.8 billion rubles, minus the monthly subsistence minimum. The DIA State Corporation, as the bankruptcy trustee (KU), demanded to take interim measures against the property owned by Khmelnitsky.

It turned out that he alienated a number of objects after the bank received the status of bankrupt. A Moscow apartment in the Arbat district, a land plot in the Moscow region, a building, a plot of land and an apartment in Balashikha, as well as premises in Kaliningrad went to third parties. In total, according to the case materials, 11 objects were alienated.

The representative of the DIA Group of Companies asked the arbitration court to prohibit the Rosreestr authorities from performing any registration actions with them. However, first the arbitration of Moscow refused this (November 8, 2022), and then the appellate instance (February 8, 2023). The judges considered that they would thereby violate the rights of the current owners of this property.

The District court, where KU filed a complaint, canceled the acts of both instances. According to the cassation, such measures do not prevent owners from using and owning real estate, since we are not talking about its arrest. In addition, the court correlated its position with the requirements set out in the RF Supreme Court Subclause No. 15 of June 1, 2023. After all, this measure is related to the subject of the dispute and does not violate the balance of interests of the participants in the process, including third parties.

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