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IN THE EVENT OF BANKRUPTCY OF THE SNT, CITIZENS HAVE THE RIGHT TO EXCLUDE EQUITY PLOTS FROM THE BANKRUPTCY ESTATE

In the framework of the bankruptcy case (No. A56-106590/19), the applicants appealed to the court with demands for the exclusion of land plots from the bankruptcy estate of the debtor. The courts of two instances refused to satisfy the claims, referring to the fact that the ...

If the debtor has no income, it is impossible to exclude funds from the bankruptcy estate for the maintenance of dependents

As part of the bankruptcy case of a citizen (No. A01-1485/23), the bank applied to the court to resolve disagreements on the procedure for distributing funds paid to the debtor's adult daughter. The courts of two instances resolved the differences in favor of the defendant,...

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

The manager applied to the court for recognition of the debtor's right to non-residential premises as missing and its exclusion from the bankruptcy estate (case no. A40-66707/19). 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 ...

THE SUPREME COURT WILL CONSIDER THE INCLUSION OF COMMON-HOUSE PROPERTY IN THE BANKRUPTCY ESTATE

In the framework of the bankruptcy case (No. A40-168748/20), the courts considered an application to challenge the auction for the sale of non-residential real estate of the debtor and the exclusion of this property from the bankruptcy estate. In substantiation of the claim,...

THE COURT REQUIRES THE LAW FIRM TO RETURN 1.7 MILLION TO THE BANKRUPTCY ESTATE

The Arbitration Court of the West Siberian District (AS ZSO) considered the complaint of the bankruptcy trustee in the bankruptcy case of JSC "INGA" (No. A75-23174/2019). It was about payment by a firm that has professional lawyers in its staff, legal services of a third-party organization (LLC "Tenkon"). The company "INGA" ...

THE ARBITRATION COURT OF THE MOSCOW DISTRICT EXCLUDED MATERIAL EVIDENCE FROM THE BANKRUPTCY ESTATE

The Arbitration Court of the Moscow District excluded from the bankruptcy estate 2 apartments worth 850 million rubles as material evidence. Case no. A40-189415/19 is published in the file of arbitration cases. A citizen on the eve of bankruptcy sold all his own apartments, leaving only one – the most expensive ...

Features of payment for the assigned claims of the debtor's employees

... Tax Service applied to the court to challenge the actions of the manager (case no. A48-2361/18). Partially satisfying the requirements, the courts of two instances proceeded from the illegality of transferring additional liability insurance from the bankruptcy estate of the former debtor's manager and their liability. In addition, the courts found the arguments of the Federal Tax Service about the illegal transfer of funds to the companies by the managers to be justified. The cassation sent the ...

NOT EVERY HOUSING SHOULD BE EXCLUDED FROM THE COMPETITIVE MASS

The debtor applied to the court for the exclusion of the apartment from the bankruptcy estate (case no. A56-88500/21). Satisfying the application, the courts of two instances proceeded from the fact that the presence of real estate objects in the debtor's children does not have legal significance when establishing the fact of ...

IF THE HOUSE HAS NOT BEEN SOLD YET, IT CAN BE EXCLUDED FROM THE TENDER

A debtor citizen applied to the court for the exclusion of a land plot and a residential building from the bankruptcy estate (case No. A56-130362/19). The courts of two instances refused to satisfy the claim, based on the fact that the debtor did not provide up-to-date information about the place of its registration, as well as evidence confirming that the ...

DISTRICT COURT: A LOT OF TENANTS – NOT GOOD

As part of the bankruptcy case of a citizen (No. A41-38780/18), the debtor applied to the court for the exclusion of a land plot and a residential building from the bankruptcy estate, justifying his claim by the fact that the disputed real estate is the only housing ...

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