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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 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....

Modified: 05.19.2022
arbitration court , debtor , executive immunity , bankruptcy estate , exclusion of property , bankruptcy
Path: РусБанкрот - СМИ

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 ...

Modified: 05.18.2022
bankruptcy estate , debtor , arbitration court , military mortgage , payments , coronavirus , real estate , bankruptcy
Path: РусБанкрот - СМИ

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 ...

Modified: 12.03.2021
bankruptcy , assets , bankruptcy estate , debtor , debt
Path: РусБанкрот - СМИ

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 ...

Modified: 08.19.2021
court , bankruptcy , corporate bankruptcy , debtor , creditor , bankruptcy trustee , recovery of losses , bankruptcy estate
Path: РусБанкрот - СМИ

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

The Economic Board considered a dispute between bankruptcy trustee and the debtor's creditor. The trustee demanded that the car purchased under the sale and purchase agreement be transferred back to the ... ... the seller. The courts of three instances came to a unanimous conclusion about the need to transfer the car to the seller's bankruptcy estate. The judges indicated that after the parties terminated the concluded purchase and sale agreement, the ownership ...

Modified: 08.17.2021
Supreme Court of Russia , determination , debtor , creditor , termination of the agreement , bankruptcy estate , car , bankruptcy
Path: РусБанкрот - СМИ
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