THE SUPREME COURT ALLOWED TO INCLUDE IN THE REGISTER OF THE DEVELOPER LOSSES IN THE FORM OF INCREASED COST OF THE APARTMENT

In the framework of the bankruptcy case (No. A41-83224/19), the creditor applied to the court for inclusion in the debtor's register of losses in the form of the difference between a certain value of the apartment object on the date of the introduction of bankruptcy proceedings and the amount of money paid for it to the debtor.

The courts of three instances refused to satisfy the claim, justifying their decision by the fact that the creditor (company), due to amendments to the Bankruptcy Law, cannot be considered a participant in construction in relation to the bankruptcy of the developer.

The Supreme Court of the Russian Federation did not agree with this approach and noted that the circumstances of the developer's failure to fulfill its obligations to the company under the agreement on participation in shared construction arose before the date of amendments to the law.

In any case, as the court pointed out, the company's lack of the status of a participant in shared-equity construction does not deprive it of the right to include in the debtor's register a claim for losses, which is monetary.

Similarly, the Supreme Court noted that this circumstance entitles the company to establish its claim as secured by a pledge.