TO EXCLUDE PROPERTY FROM THE COMPANY'S BANKRUPTCY ESTATE, IT IS NECESSARY TO DETERMINE ITS COMPOSITION

The courts of two instances rejected the claims, guided by the fact that the property is uninhabited and owned by the debtor, the right to this object is registered in accordance with the procedure established by law, in connection with which the courts have no grounds for excluding the disputed property from the bankruptcy estate.

Sending the dispute for a new consideration, the court of cassation pointed out that the courts needed to discuss with the manager and creditors the need for an expert examination of the disputed property in order to determine its composition (identify the objects included in it), submit other documents (for example, floor plan, explications, etc.).

The district court draws attention to the fact that, in the case of production / receipt of these documents by the manager in the future, repeated application with a similar requirement – to exclude the property from the bankruptcy estate, may lead to the termination by the court of proceedings on the application, as in a previously considered dispute with the same subject and on the same grounds.

The conclusion of the courts with reference to the decision of the creditors' meeting, which approved the regulation on the procedure and conditions for the sale of property (on bidding), has no legal significance, since in itself does not mean the legality of the sale of property at auction, which may include property that is subject to exclusion from the bankruptcy estate, while creditors also they do not take any measures to establish this factual circumstance.