Search

DISCONNECTING NOT THE ONLY HOUSING FROM ELECTRICITY IS LEGITIMATE

The Arbitration Court of the Ural District concluded that disconnecting not the only housing from electricity is legitimate. The instance came to this conclusion based on the results of consideration of the cassation appeal in the framework of the bankruptcy case of a citizen (No. A47-10449/20). The manager on behalf of the debtor refused to fulfill obligations under the energy supply contract. The debtor, considering this action unlawful, appealed to the court with a statement challenging it...

THE SUPREME COURT QUESTIONED THE ONLY UNFINISHED HOUSING

The plaintiff appealed to the court with a claim for foreclosure on the debtor's property – an unfinished house, indicating in support of the claims the fact of the presence of unpaid debts of the defendant to the plaintiff confirmed by a court decision and the absence of other property due to which the creditor's claims could be satisfied. This is confirmed by the fact that the enforcement proceedings against the defendant have ended. The courts of three instances refused to satisfy the claim...

THE SUPREME COURT CONFIRMED THE RIGHT OF THE MORTGAGED CREDITOR TO REPAY THE MORATORIUM INTEREST

As part of the bankruptcy case of a citizen (No. A56-51728/20), auctions were held for the sale of the debtor's only housing. The mortgagee applied to the court for the resolution of disagreements between him and the debtor's manager regarding the distribution of proceeds for the repayment of moratorial interest in favor of the mortgaged creditor, as well as penalties. The courts of three instances supported the position of the manager and referred to the fact that the payment of moratorium interest...

THE ARBITRATION COURT OF THE MOSCOW DISTRICT EXCLUDED MATERIAL EVIDENCE FROM THE BANKRUPTCY ESTATE

The Arbitration Court of the Moscow District excluded from the bankruptcy estate 2 apartments worth 850 million rubles as material evidence. Case no. A40-189415/19 is published in the file of arbitration cases. A citizen on the eve of bankruptcy sold all his own apartments, leaving only one – the most expensive - in the property. But even that apartment turned out to be difficult: legally it was two separate real estate objects, in respect of which an unregistered reconstruction was carried out...

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...

THE COURT: THE DEBTOR HAS THE RIGHT TO THE ONLY HOUSING, EVEN IF HE DOES NOT LIVE THERE

In the framework of the insolvency case of an individual, the arbitration court considered an application for exclusion of a residential building and a land plot as the only housing of a bankrupt citizen from the bankruptcy estate. At the same time, the courts of first and appellate instances rejected the claim, citing the lack of proof that the housing was the only one, as well as the debtor's attempt to withdraw this property from the bankruptcy estate. The deal was declared invalid, and the house...

Sorted by relevance | Sort by date