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... is the only housing for the debtor. Consequently, the funds in immunity are transferred only to the person to whom immunity does not apply - to the secured creditor – according to his secured claims of a lower satisfaction queue – for the payment of moratorium interest and financial sanctions. The funds remaining after that, by virtue of executive immunity, are excluded from the bankruptcy estate and transferred to the debtor in order to ensure his right to housing (initial payment for the purchase of new housing, rental of residential premises, etc.). Thus, the Supreme Court confirmed the obvious conclusion that only such a ...
Modified: 06.27.2023The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's arguments convincing and canceled the contested judicial act. The question concerned the procedure for establishing, as well as distribution of the ...
Modified: 10.14.2021Sorted by relevance | Sort by date