Search

NOT EVERY HOME WILL BE DEPRIVED OF EXECUTIVE IMMUNITY

... aimed at alienating residential premises by the debtor is not subject to invalidation if, at the time of consideration of the dispute, the debtor and his family members continue to live together in this room and when the premises are returned to the bankruptcy estate, it will be protected by executive immunity. The appeal satisfied the application, guided by the fact that in this case there are grounds for limiting executive immunity and the conditions for providing the debtor and his son with substitute housing. The cassation upheld the ...

THE SUPREME COURT AGAIN EXPANDS THE LIMITS OF EXECUTIVE IMMUNITY

At the end of October, the Supreme Court published a ruling on the results of the consideration of the cassation appeal in the bankruptcy case (No. A40-208133/19). In it, the supreme judicial instance presented a position regarding executive immunity applied to a citizen's only home. The essence of the dispute was that in the insolvency case of an individual, the debtor's apartment was sold at auction, after which the donation of a land plot and a house was invalidated. The debtor ...

Sorted by relevance | Sort by date