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Supreme Court of Russia resolved the dispute with the executive immunity of debtor

... servants of Themis did not see economic feasibility in dividing the property, pointing out that this would require additional spending, which would also have to be taken from the bankruptcy estate. The fact was that the housing was the only one for the debtor, which meant that executive immunity applied to it. However, the Supreme Court of the Russian Federation did not share this position of colleagues, recalling that not so long ago the Constitutional Court gave clarifications regarding executive immunity. In particular, ...

The court removed non-residential premises from bankruptcy estate

... 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. Having considered the issue, the judge satisfied the claim, referring to the rule on executive immunity and the fact that the debtor simply does not have other habitable property. Such a decision is curious, since the norm itself allows excluding the only dwelling owned by the debtor, used by him and his family for living, from the bankruptcy estate. Nevertheless, the court,...

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