THE SUPREME COURT WILL CONSIDER THE INCLUSION OF COMMON-HOUSE PROPERTY IN THE BANKRUPTCY ESTATE

In the framework of the bankruptcy case (No. A40-168748/20), the courts considered an application to challenge the auction for the sale of non-residential real estate of the debtor and the exclusion of this property from the bankruptcy estate. In substantiation of the claim, the applicant pointed out that the disputed property is common and was not subject to inclusion in the bankruptcy estate.

The court of first instance granted the application, noting that the room (individual heating point) refers to life support facilities that are part of the building, and therefore could not be sold at auction as part of the debtor's property.

The higher courts, refusing to satisfy the claim, proceeded from the fact that in the absence of a decision of the meeting of the owners of the premises on the fate of the communal property, priority in establishing the rightholder of such property is given to information entered in the Unified State Register of Real Estate about the debtor as the owner of the basement.

The Supreme Court of the Russian Federation referred the applicant's complaint to the board for consideration, drawing attention to the arguments that the court of appeal did not take into account the fact that the right of common shared ownership of communal property belongs to the owners of premises in the building by virtue of the law, regardless of its registration in the Unified State Register of Real Estate, in connection with which an individual heating point could not be sold as part of the debtor's property.