RusBankrot
We know everything about bankruptcy
27/04/2024
Saturday
THIS DAY IN HISTORY:
27 April 
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
27 April
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
WHAT IS MORE IMPORTANT: THE INTERESTS OF CREDITORS OR THE DEBTOR'S RIGHT TO HOUSING?
In the framework of the debtor's bankruptcy case, an application was filed by the financial manager to determine the residential premises with executive immunity and the debtor's petition to exclude the property from the bankruptcy estate, combined into one production.
Positions of the vessels
Three instances excluded the debtor's share in the house and land from the bankruptcy estate. The courts proceeded from the purpose of the property sale procedure, namely, the maximum satisfaction of creditors' claims. In this regard, the lower authorities considered it advisable to exclude the only housing, namely an apartment building.
Despite the debtor's arguments that he lives and works in Moscow, the courts decided to leave his metropolitan housing in the bankruptcy estate, pointing out that these arguments cannot be accepted because there is no evidence that his work is highly paid and allows him to settle with creditors.
Grounds for transfer
Supreme Court Judge Ksenofontova N.A., having studied the debtor's cassation complaint, decided to transfer it for consideration at a court session of the Judicial Board for Economic Disputes of the Supreme Court (Supreme Court ruling on transfer dated 12/20/2023 in case No. A10-134229/2022 (No. 305-ES23-19331)). The following arguments are given in the appeal:
• in the cassation appeal, the debtor requests the cancellation of judicial acts, referring to the existence of conditions for granting executive immunity in respect of a living room;
• the debtor indicates that he lives in a room with his wife, works in Moscow, and the loss of the room will deprive him of his job and livelihood.
Positions of the vessels
Three instances excluded the debtor's share in the house and land from the bankruptcy estate. The courts proceeded from the purpose of the property sale procedure, namely, the maximum satisfaction of creditors' claims. In this regard, the lower authorities considered it advisable to exclude the only housing, namely an apartment building.Despite the debtor's arguments that he lives and works in Moscow, the courts decided to leave his metropolitan housing in the bankruptcy estate, pointing out that these arguments cannot be accepted because there is no evidence that his work is highly paid and allows him to settle with creditors.
Grounds for transfer
Supreme Court Judge Ksenofontova N.A., having studied the debtor's cassation complaint, decided to transfer it for consideration at a court session of the Judicial Board for Economic Disputes of the Supreme Court (Supreme Court ruling on transfer dated 12/20/2023 in case No. A10-134229/2022 (No. 305-ES23-19331)). The following arguments are given in the appeal:• in the cassation appeal, the debtor requests the cancellation of judicial acts, referring to the existence of conditions for granting executive immunity in respect of a living room;
• the debtor indicates that he lives in a room with his wife, works in Moscow, and the loss of the room will deprive him of his job and livelihood.
17.01.2024
