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THE RIGHTS OF A SECURED CREDITOR MUST BE RESPECTED WHEN EXCLUDING A SINGLE DWELLING

The manager and the debtor appealed to the court with applications for the exclusion of the share in the debtor's ownership of real estate and apartments from the bankruptcy estate (case No. A73-1334/22). The courts of two instances refused to satisfy the manager's application, satisfying the debtor's claim (to exclude the apartment), based on the fact that the debtor is an active military man, has not been excluded from the register of NIS participants, there is no debt under the purchase and...

THE SUPREME COURT WILL CLARIFY THE CRITERIA FOR SINGLE HOUSING

As part of the bankruptcy case of the estate (No. A75-10710/21), the debtor's heirs filed an application for the exclusion of a land plot with a residential building from the bankruptcy estate. The courts of three instances, rejecting the claim, proceeded from the fact that the rules on executive immunity do not apply to the disputed land plot and the residential building located on it, since the debtor's heirs are registered and permanently reside in an apartment burdened with collateral, owned...

THE ONLY HOUSING ON CREDIT CAN BE SAVED BY A SEPARATE WORLD

As part of the bankruptcy case of a citizen, the bank applied to the court for the inclusion of a collateral claim in the debtor's register (case no. A15-7403/22). The courts of two instances, satisfying the application, proceeded from the fact that the debtor has an unfulfilled loan obligation secured by an apartment pledge, and the debtor's status as a military serviceman participating in the accumulative mortgage system has no legal significance. The cassation sent the dispute for reconsideration...

A RESIDENCE PERMIT DOES NOT GUARANTEE THAT THE DEBTOR HAS A PLACE TO LIVE

The first Court of Cassation of general jurisdiction, within the framework of considering a specific dispute, in fact, increased the guarantees of protection of the debtor's only home. The Court noted that it is necessary to carefully check whether a citizen has alternative accommodation options. The mere fact that the debtor can be registered elsewhere does not mean that they are ready to accept him there. In the framework of the case considered by the court, the debt obligations of the citizen...

SUPREME COURT: IT IS NECESSARY TO EVALUATE THE ONLY HOUSING FOR MEETING REASONABLE NEEDS

The plaintiff appealed to the court with a claim for foreclosure on the defendant's land plot and residential building in which she lives with her family. The defendant also owns a share in the apartment. The courts assessed the defendant's ability to provide himself with housing outside the disputed house in different ways. The court of first instance dismissed the claim. According to the court, the disputed house is the only room suitable for permanent residence of the defendant and her family...

THE ARREST OF A SINGLE DWELLING IS NOT PROHIBITED BY LAW

The plaintiff (the recoverer of the enforcement proceedings) appealed to the court with a demand to challenge the inaction of the bailiff, expressed in the failure to take measures to seize the debtor's only dwelling. The courts of three instances refused to satisfy the claims, noting the absence of inaction of the bailiff in the execution of enforcement proceedings, including the non-seizure of an apartment within the framework of enforcement proceedings, since this residential premises was...

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