RusBankrot
We know everything about bankruptcy
03/05/2024
Friday
THIS DAY IN HISTORY:
3 May 
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
3 May
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
THE RIGHTS OF DISABLED BANKRUPTS SHOULD BE PROTECTED IN A SPECIAL WAY
In the framework of the bankruptcy case of a citizen (No. A41-30384/22), the debtor appealed to the court with an application for exclusion from the bankruptcy estate of the vehicle.
The courts of two instances refused to satisfy the application, explaining their approach by the fact that the debtor did not provide sufficient evidence confirming that he had a limited ability to move, and that the only way to get to medical institutions was by car.
The cassation sent the dispute for a new consideration and noted that in the present case, the courts ignored the debtor's arguments that the vehicle is a means of transportation, taking into account that the debtor lives in rural areas where there are no public vehicles with the possibility of use by sedentary citizens.
Indeed, a vehicle operated by a disabled person or used to transport a disabled person does not belong and is not included in the number of technical means of rehabilitation and rehabilitation services. At the same time, these technical means of rehabilitation are important for the development and implementation of an individual rehabilitation program for a disabled person.
The debtor claimed to have a number of diseases of a "long-term nature and a complete cure is not expected," the diseases, as the debtor claimed, are related and affect his ability to move, including from his place of residence to a medical institution, and additional funds are needed to purchase medicines. In this regard, the debtor also referred to medical reports.
Photo: Freepik
The courts of two instances refused to satisfy the application, explaining their approach by the fact that the debtor did not provide sufficient evidence confirming that he had a limited ability to move, and that the only way to get to medical institutions was by car.
The cassation sent the dispute for a new consideration and noted that in the present case, the courts ignored the debtor's arguments that the vehicle is a means of transportation, taking into account that the debtor lives in rural areas where there are no public vehicles with the possibility of use by sedentary citizens.
Indeed, a vehicle operated by a disabled person or used to transport a disabled person does not belong and is not included in the number of technical means of rehabilitation and rehabilitation services. At the same time, these technical means of rehabilitation are important for the development and implementation of an individual rehabilitation program for a disabled person.
The debtor claimed to have a number of diseases of a "long-term nature and a complete cure is not expected," the diseases, as the debtor claimed, are related and affect his ability to move, including from his place of residence to a medical institution, and additional funds are needed to purchase medicines. In this regard, the debtor also referred to medical reports.
Photo: Freepik
14.02.2024
