We know everything about bankruptcy
01/01/2025
Wednesday
1 January 
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
THE SUPREME COURT OF RUSSIA CLARIFIED THE PECULIARITIES OF INCLUSION CAR PARKING SPACES IN THE REGISTER OF CREDITOR'S CLAIMS
At first, the first instance included the requirement for the transfer of apartments in the register of requirements for the transfer of the debtor's residential quarters, and converted the parking spaces into monetary terms and sent them to the fourth priority of claims.
The motivation was that parking lots are non-residential premises, so the rights associated with them cannot be included in the list of objects that are subject to social protection of equity holders, as it often happens with apartments.
Then the court of appeal overturned the ruling, having included the claim to transfer the parking spaces in the RCC.
Three judges applied the amendment of a Federal Law No. 478 - FZ, where the right of equity holders to non-residential premises is protected equally with the right to residential ones.
Such a rule can be used when considering a specific case in two situations:
- if the bankruptcy proceedings against the developer are initiated after the amendments have entered into force;
- if the developer's bankruptcy proceedings are initiated before the amendments have entered into force, but settlements with third-priority creditors have not yet begun.
In the case in question, there was the second option, but the district court did not find the arguments of the appellate court convincing and overturned the ruling, having supported the position of the first instance.
When the case was considered by the Supreme Court of the Russian Federation, the board indicated that such non-residential premises as parking spaces and storage rooms have exceptional consumer value for residents of apartment buildings.
What is more, they have the same legal regime for satisfying claims in the event of a developer's bankruptcy. Having agreed with the position of the court of appeal, as well as referring to the current version of Federal Law No. 478-FZ in this case, the Supreme Court upheld the appeal ruling, having cancelled the rest of them (definition No. 307-ES20-4804 (7) dated January 21, 2021).
