THE SCIENTIFIC ACTIVITY OF A BANKRUPT SHOULD NOT WORRY CREDITORS AND THE COURT

As part of the bankruptcy case of an individual (No. A40-216518/21), the debtor applied to the court for the exclusion from the bankruptcy estate of the archive-workshop structure with documents and devices located in it.

Satisfying the application, the courts of two instances proceeded from the fact that the documents and devices placed in the building of the archive workshop, as well as the structure itself, are not included in the bankruptcy estate. The declared property, which would be subject to disposal in the bankruptcy procedure, is of particular value to the debtor in the framework of continuing scientific research after completion of employment.

The cassation refused to satisfy the application, guided by the fact that the conclusion of the courts that the documents and devices placed in the building of the archive workshop, as well as the structure itself, are not included in the bankruptcy estate, directly contradicts the Bankruptcy Law and is not supported by any evidence.

In addition, the court's assumption that there is no disputed property in the debtor's bankruptcy estate, on the contrary, indicates that there is a reason to refuse to satisfy the stated claims, since it is impossible to exclude from the bankruptcy estate what is not in it.

In fact, the contested judicial acts regarding the exclusion of the archive-workshop structure from the bankruptcy estate created a situation when, as a result of alienation of a land plot located on it, which is not immovable property, the debtor retained the opportunity and right to use someone else's land plot, the rights to which the debtor himself lost as a result of bankruptcy procedures.