The Supreme Court of the Russian Federation excluded a three-hundred-meter apartment from the debtor's bankruptcy estate

The Economic Board considered the case on the complaint of the manager, who tried to challenge the decisions of lower courts on the exclusion of an expensive apartment from the bankruptcy estate. Such a claim was initiated by the debtor and satisfied by all three lower instances.

At the same time, the anti-crisis manager considered it possible to include real estate in the bankruptcy estate, and to provide another object for the debtor and his family to live in.

However, when considering the case, the Supreme Court of the Russian Federation came to the conclusion that the opinion of the lower instances is not erroneous.

The other two apartments referred to by the manager cannot serve as objects for living. One of them belongs to the eldest son of the spouses, but was given to him by his mother before her marriage with the debtor. Thus, real estate does not fall under the criterion of jointly acquired property.

As for the second object, in the case of it, the court of general jurisdiction established only a share in the debtor's ownership right. The rest belongs to his previous family, which makes it impossible to use the property to live with his current wife and children.

In addition, the Supreme Court of the Russian Federation noted that the sale of a disputed apartment, the exclusion of which from the bankruptcy estate is requested by the manager, will not greatly affect the size of the possibility of repayment of debts to creditors.

The totality of these circumstances led the economic board to the conclusion that the decisions made by the lower authorities were correct and remained in force (definition No. 302-ES21-25189 of April 18, 2022).