RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE LAND PIE: HOW TO DIVIDE SO THAT EVERYONE IS FULL
The debtor applied to the court for the exclusion of the property from the bankruptcy estate (case no. A10-7684/23).
The courts of two instances satisfied the application, concluding that there were grounds for excluding land plots from the debtor's bankruptcy estate, based on the principle of unity of fate of the dwelling and the land plot on which it is located. The courts took into account that the disputed residential facilities are the only habitable premises for the debtor's adult children and their families.
The cassation sent the dispute for reconsideration, since the courts had not actually established a fair balance between the creditors' property interests and the debtor's personal rights.
The courts did not establish the specific areas of land necessary for the operation of houses, nor did they clarify the possibility of surveying land and allocating in kind a share belonging to the debtor.
The district Court noted that even with the registered ownership of residential buildings belonging to the debtor's adult children, in any case, it is necessary to maintain a balance of interests of the debtor, his dependents, on the one hand, and creditors entitled to receive satisfaction from the bankruptcy estate, on the other hand.
Photo: Freepik
The courts of two instances satisfied the application, concluding that there were grounds for excluding land plots from the debtor's bankruptcy estate, based on the principle of unity of fate of the dwelling and the land plot on which it is located. The courts took into account that the disputed residential facilities are the only habitable premises for the debtor's adult children and their families.
The cassation sent the dispute for reconsideration, since the courts had not actually established a fair balance between the creditors' property interests and the debtor's personal rights.
The courts did not establish the specific areas of land necessary for the operation of houses, nor did they clarify the possibility of surveying land and allocating in kind a share belonging to the debtor.
The district Court noted that even with the registered ownership of residential buildings belonging to the debtor's adult children, in any case, it is necessary to maintain a balance of interests of the debtor, his dependents, on the one hand, and creditors entitled to receive satisfaction from the bankruptcy estate, on the other hand.
Photo: Freepik
07.08.2025
