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

... as the district court established and follows from the debtor's own explanations, in September and October 2023, as well as in January and February 2024, the debtor did not receive wages. Thus, during these periods there was no income coming into the bankruptcy estate of the debtor. Accordingly, under such circumstances, monthly payments could not be made by the financial manager.

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 of buildings on land ...

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 dispute for a new consideration ...

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 ...

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 into the list of bankruptcy estate objects In some cases, obligations have to be paid off from the sale of monuments ...

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

... property, and the state registration of the transfer of ownership from the debtor to the buyer had not been carried out. In such circumstances, in the opinion of the court, there are no grounds for concluding that the property was disposed of from the bankruptcy estate of the debtor and a possible violation of the rights of the winners of the auction by excluding property from the bankruptcy estate. As can be seen from the materials of the dispute and the debtor's statement, he asks to exclude from the bankruptcy estate two ...

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 for the debtor and his family members. The courts of two instances, satisfying the requirements, rejected the objections of the manager about the ...

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