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THE SUPREME COURT OF THE RUSSIAN FEDERATION MAY RECONSIDER ITS POSITION ON THE ONLY HOUSING IN BANKRUPTCY

Complaints were submitted to the Economic Board against judicial acts on the refusal to exclude the debtor from the bankruptcy estate of a single dwelling (case no. A40-208133/19). The circumstances of the case are as follows: the debtor owned 2 real estate objects, one of which was pledged by the bank, which is why it was sold. And the debtor was ...

How the creditor’s inactivity affected the fate of debt in bankruptcy

Supreme Court of Russia considered a case in the framework of which one of the creditors made a request to include the claim based on a suretyship agreement and a judicial act in the register of creditors’ claims. The application was rejected by three instances, but the Supreme Court of the Russian Federation considered such a position to be incorrect. Initially, the debt arose from a guarantee that was concluded between the creditor and the future bankrupt. Subsequently, the main borrower and the...

Arbitration court clarified when it is necessary to pay off a bankrupt’s rental debt

The Arbitration Court of the Ural District explained that if the debtor's expenses for commercial rental of housing are recognized by the bankruptcy trustee or by the court as reasonable, they are subject to repayment within the framework of the current payments. To do this, it is necessary to take into account the ...

The court removed non-residential premises from bankruptcy estate

The Arbitration Court of the Krasnodar Territory issued a ruling, according to which non-residential premises and a land plot were excluded from the bankruptcy estate of the debtor. The building was subject to the rule of executive immunity, with a proviso that the building was the only habitable property. As part of the bankruptcy case of an individual, his bankruptcy trustee applied to the court with a request to exclude ...

Record growth of bankruptcies recorded in Russia in spring 2022

Over 60,000 insolvency applications were filed in Russia in the first two spring months of 2022. This number significantly exceeds the figures of both last year and the year before the last. At the same time, the bulk of cases are bankruptcy cases of individuals. According to experts, the reasons for the current situation are both a decrease in the income of the population, and a growing debt burden, as well as a desire to avoid paying bills through a legal insolvency procedure. The upward trend...

What property should be excluded from the bankruptcy estate

The Arbitration Court of the Ural District has published recommendations containing a number of issues of law enforcement in the field of insolvency law. One of them is the exclusion of certain categories of property from the bankruptcy estate of a debtor citizen. Among the objects that may not be included in such a list of property, there is a dwelling acquired at the expense of a targeted housing loan in a situation where the debtor is a military. Here the task of the court is to bring the issue ...

Tax officials clarified what will help to reduce subsidiary liability

... unknown to the independent participants in the turnover, and as a result of its receipt, real circumstances are revealed that allow collecting additional funds to the bankruptcy estate. Among them there may be information about the real managers of the debtor, and about hidden property, which can be foreclosed. At the same time, when making a decision to reduce the amount of subsidiary liability for a nominal head, the court must take into account how useful the information provided by him turned out ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

... act of reconciliation of mutual settlements signed between the parties. The court recognized the claims as justified and satisfied the claim. At the same time, already in the process of considering the bankruptcy case, the bankruptcy trustee of the debtor filed for an amended tax return. From the information provided by the Federal Tax Service, it became clear that the debt previously declared to it was significantly lower than the debt that has been actually formed. After that, the tax authority ...

Constitutional Court of Russia protected the interests of children in the case of bankruptcy of their parents

... before, the Constitutional Court of the Russian Federation considered the complaint of a woman who was dissatisfied with the position of the arbitration courts. They partially denied her demand to leave the subsistence minimum for herself (the bankrupt debtor) and for her two minor children during bankruptcy. The applicant had been declared insolvent two years earlier due to arrears under a loan agreement, in which she acted as a guarantor. After that, she demanded to exclude the amounts equal to ...

When will the affiliation of creditor not become a reason for canceling the transaction?

The Supreme Court of the Russian Federation considered the case on the complaint of one of the debtor's creditors, who was not satisfied with the decisions issued by the lower instances. The issue concerned the inclusion of debt secured by three pledge agreements in the register. The debtor's bankruptcy trustee, in turn, insisted on the invalidity ...

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