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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 ...

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 ...

THE COURT: THE DEBTOR HAS THE RIGHT TO THE ONLY HOUSING, EVEN IF HE DOES NOT LIVE THERE

In the framework of the insolvency case of an individual, the arbitration court considered an application for exclusion of a residential building and a land plot as the only housing of a bankrupt citizen from the bankruptcy estate. At the same time, the courts of first and appellate instances rejected the claim, citing the lack of proof that the housing was the only one, as well as the debtor's attempt to withdraw this property from the bankruptcy estate. The ...

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