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The Constitutional Court of the Russian Federation explained how to distribute the amounts from the sale of housing to bankrupts – Rossiyskaya Gazeta

Date: July 15, 2024 Time: 05:46:24

JSC Legal Bureau Factorius, which deals with the repayment of overdue debts of individuals, filed a lawsuit with the Constitutional Court for violation of its rights as a creditor. He received loans from a family in the Moscow region: both husband and wife were received. declared bankrupt separately The apartment where they lived with the children was mortgaged and therefore subject to sale to settle debts. But the woman, through the court, ensured that 3.8 million rubles were excluded from the bankruptcy estate, according to the “Factorius” lawyers. , thus violating the rights of your company as a creditor.

The judges of the Constitutional Court, after studying the case materials, recognized the existence of a legal conflict. The provisions of Article 446 of the Code of Civil Procedure of the Russian Federation and Article 213.25 of the Federal Law “On Insolvency (Bankruptcy)” were recognized as incompatible with the Constitution of the Russian Federation, since they “do not provide certainty” with regarding the conditions for the extension of patrimonial (executive) immunity to the amounts received from the sale of a mortgaged home of a bankrupt citizen, if it is the only one for the debtor citizen and his family members.

“In an area as delicate as that of guarantees of the right to housing, even if the issue of them arises in the bankruptcy process of a citizen, greater demands must be imposed on the certainty of the legal regulation of the conditions for granting of these guarantees,” says the Constitutional Court. The Court recalled several of its previous decisions.

Even in the form of granting executive immunity to part of the funds received from the sale of residential premises owned by the debtor and encumbered with a mortgage.

The legislator needs to correct the conflict.

Until now, a resolution of the Constitutional Court of the Russian Federation establishes a temporary procedure for resolving such situations.

The proceeds from the sale within the framework of the bankruptcy procedure of mortgaged homes may be excluded from the bankruptcy estate at the request of a bankrupt citizen.

However, the court has the right to reduce the amount of this amount in favor of the bankruptcy estate, “if this amount allows the purchase of residential premises that, due to its characteristics, clearly exceed the level sufficient to satisfy reasonable needs.” housing needs of the debtor citizen and his family members.”

The Russian Constitutional Court ordered the legislator to correct the legal conflict discovered

“The part of the funds attributable to the spouse (ex-spouse) of the debtor citizen is not subject to exclusion (assignment) if said residential premises belonged to the spouses by virtue of the right of common co-ownership and their mortgage guaranteed the fulfillment of the common obligations of the spouses,” the Constitutional Court of the Russian Federation also indicated.

Judicial decisions made in a case involving JSC Legal Bureau Factorius are subject to review in the prescribed manner.

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Hansen Taylor
Hansen Taylor
Hansen Taylor is a full-time editor for ePrimefeed covering sports and movie news.
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