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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 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 funds paid to the debtor's adult daughter. The courts of two instances resolved the differences in favor of the defendant, referring to the fact ... ... 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 ...

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 ...

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 ...

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 ...

NOT EVERY HOUSING SHOULD BE EXCLUDED FROM THE COMPETITIVE MASS

... disputes on the exclusion of the apartment from the bankruptcy estate and on the approval of the regulation on the sale of the debtor's property, which actually led to a failure to consider the merits of the objections of the manager and the majority bankruptcy creditor against the exclusion of the Apartment from the bankruptcy estate. • In addition, the courts have assessed the fact that the apartment is not the only dwelling of the debtor. When considering this dispute, the courts have not established the composition of the debtor's family members. • The appealed judicial acts do not contain motives and grounds for which third parties are attributed to the debtor's family members,...

IF THE HOUSE HAS NOT BEEN SOLD YET, IT CAN BE EXCLUDED FROM THE TENDER

... 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 residential buildings located on the disputed land plot. If the debtor has several residential premises belonging to him by right of ownership, the premises in respect of which executive immunity is granted shall be determined by the court considering the bankruptcy case.

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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