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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 ...

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 ...

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 ...

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 ...

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

... up to 18 sq.m., and the accounting norm is 10 sq.m. The appeal indicated: based on these standards, the defendant can provide his need for housing at the expense of his share in the apartment, while the cost of the house and the plot will cover her debt. The court also noted the defendant's behavior "aimed at evading the obligation" as a factor in resolving the case. The court of cassation agreed with these conclusions. The Supreme Court of the Russian Federation pointed out a number of ...

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 ...

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