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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 land plots are separate property of the debtor and do not belong to the common use property. The courts noted that the construction ...

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 ... ... earn income. Monetary funds in the amount of the subsistence minimum for the debtor and his dependents are not included in the bankruptcy estate. The cassation sent the dispute for a new consideration in part, pointing out that in the absence of a debtor ...

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 applicant pointed out that the disputed property is common and was not subject to inclusion in the bankruptcy estate. The court of first instance granted the application, noting that the room ...

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

... reasonableness. While the usual cost of such services was 73,000 rubles, the organization paid third-party lawyers an amount many times higher than the market average. Sichev filed a petition to arbitration, demanding that the money be returned to the bankruptcy estate. However, neither the court of first instance nor the appeal supported the bankruptcy trustee's request. The judges did not find any signs of dishonesty in the transaction between INGA and Tenkon. AS ZSO did not agree with colleagues. The court found out that the company "Tenkon" advised the oil operator without taking ...

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 - in the property. But even that apartment turned out to be difficult: legally it was two separate real estate objects, in respect of which an unregistered reconstruction was ...

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 an unusual object - a non-residential building (summer kitchen), as well as a plot of land on which the building was located, from the bankruptcy estate....

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 ...

Cabinet of curiosities: what unusual items are found in bankruptcy estate?

At the last stage of bankruptcy, rather strange objects and items, by selling which the settlements with creditors take place, are sometimes found in the bankruptcy estate. Bankruptcy trustee seeks to consider all possible sources, including both tangible and intangible assets of the debtor. The pravo.ru portal has interviewed experts, listing the exhibits of the original ‘cabinet of curiosities’ from the objects that got ...

DISTRICT COURT EXPLAINED THE PECULIARITIES OF RECOVERY OF DAMAGES FROM THE BANKRUPTCY TRUSTEE

... bankruptcy estate as executed, but the lower courts unanimously rejected his claim. The issue of recovering losses from the trustee, considered within the framework of the debtor's bankruptcy, arose due to the loss of part of the debtor's property. The bankruptcy case of the company was sequentially led by several anti-crisis managers. During the work of the applicant, the bankruptcy estate decreased: the trustee received one amount of property, and transferred a smaller part to the next anti-crisis manager. This difference formed the basis of the court decision to recover losses from the bankruptcy trustee. However, after ...

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