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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 ...

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 court is to bring the issue ...

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 ...

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

... the property to the 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 ...

SUPREME COURT OF RUSSIA: WHAT ARE THE ACTIONS OF CREDITOR IN THE EVENT OF TERMINATION OF THE AGREEMENT WITH BANKRUPT

... agreement does not provoke the reverse transfer of ownership of the disputed item. This is possible only after restitution, when the buyer returns the goods and the seller returns the money. Consequently, up to this moment, the car cannot be included in the debtor's bankruptcy estate. In the case under consideration, when the debtor could not return the money paid for the goods, the Supreme Court of Russia offered the parties two options for getting out of the conflict: the creditor keeps the car, includes a claim ...

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