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NOT EVERY HOME WILL BE DEPRIVED OF EXECUTIVE IMMUNITY

... the debtor is not subject to invalidation if, at the time of consideration of the dispute, the debtor and his family members continue to live together in this room and when the premises are returned to the bankruptcy estate, it will be protected by executive immunity. The appeal satisfied the application, guided by the fact that in this case there are grounds for limiting executive immunity and the conditions for providing the debtor and his son with substitute housing. The cassation upheld the ...

THE SUPREME COURT AGAIN EXPANDS THE LIMITS OF EXECUTIVE IMMUNITY

At the end of October, the Supreme Court published a ruling on the results of the consideration of the cassation appeal in the bankruptcy case (No. A40-208133/19). In it, the supreme judicial instance presented a position regarding executive immunity applied to a citizen's only home. The essence of the dispute was that in the insolvency case of an individual, the debtor's apartment was sold at auction, after which the donation of a land plot and a house was invalidated. The debtor ...

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

... 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

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 ...

Court: what to do with an unfinished only housing of debtor

... of living there had not been proven. As for the board of the district court, it expressed disagreement with this position. The three judges noted that the fact that the house was not completed was not a reason for depriving the debtor of the right to executive immunity. There was no evidence that the disputed object remained the only housing due to the actions of the debtor to alienate other real estate. Before registering in the disputed house, the man was registered in the apartment of his mother....

Supreme court of Russia put an end to the case on the exclusion of the only housing from bankruptcy estate

The Economic Board of the Supreme Court of Russia considered the complaint of one of the debtor's creditors, who remained dissatisfied with the ruling issued by the district court to exclude the debtor's land plot and residential building from the bankruptcy estate. At the same time, the bankrupt insisted that the disputed real estate was his only housing, and it was impossible to put it in the bankruptcy estate. When considering the fate of the property, the courts of the first and appellate...

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