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The Supreme Court upheld the right to housing of bankrupt relatives KXan 36 Daily News

Date: May 31, 2023 Time: 16:30:34

“In its ruling, the Supreme Court of Russia pointed out the error of the conclusions of the lower instances regarding the refusal to exclude from the bankruptcy estate returned under a disputed transaction in a bankruptcy case,” said Nikita Filippov, Vice President of the Russian Lawyers Guild abuse, but the debtor intended to keep the property in the possession of the family, thereby ensuring the interests of his family members.

In other words, of course, the debtor violated something by re-searching the housing of relatives. However, his conscience is clear: he did not try to deceive creditors, but wanted to protect his relatives. “At the same time, the Supreme Court of Russia indicated that since the circumstances determined by the Constitutional Court of the Russian Federation and which made it possible to reject the application of executive immunity were not identified, the inclusion of property in the bankruptcy estate of the debtor is illegal, “continues Nikita Filippov. “Therefore, the Supreme Court of the Russian Federation protected the right of the debtor’s family members to live in the debtor’s only habitable dwelling, applying executive immunity with respect to the property.

According to him, previously the question of the preservation of the right of family members to property that formally falls under the criterion of single habitable housing was not considered from the point of view of executive immunity: the general provisions of the law of bankruptcies on auctions of the assets of the debtor were in force and the right of first refusal of purchase by a spouse or another person who possessed the right of common co-ownership over said assets.

Now, creditors will have to specifically prove that by rewriting the only home for relatives who have no other place to live, the bankrupt acted grossly dishonestly. For example, housing is actually not the only one, and relatives have places to go.

For her part, Daria Ivanova, a senior lawyer in the bankruptcy support practice at De Jure Law Office, explains that in almost every bankruptcy proceeding involving a citizen, the question of excluding the only suitable housing for the debtor and members of the family arises. his family. . “Usually, the financial manager excludes the only habitable property at the request of the debtor, but there are often situations when the financial manager goes to court to resolve disputes about the status of the dwelling and its designation as the only habitable property , ” she says.

In short, the inclusion of the house in the bankruptcy mass does not mean that, literally, it will go to auction tomorrow. It may well turn out that the case does not go to tender. However, it is safer and calmer for citizens when the only dwelling is not included in the mass of the contest.

“There are examples of refusals to exclude property from the bankruptcy estate in this practice, but when the circumstances determined by the decision of the Constitutional Court of the Russian Federation are proven,” says Daria Ivanova. with the performance by the debtor of successive actions to attribute the condition of only habitable property to the property, but in the absence of effective use of this property.

That is, in this case, the debtor deliberately got rid of the property by various dubious means, in order to keep only his apartment. Such actions were recognized as unfair, and the apartment remained in the bankruptcy estate.

“It should be noted that the Supreme Court of the Russian Federation itself allows the possibility of including in the bankruptcy estate the only property suitable for living,” emphasizes Daria Ivanova for a normal existence, without violating the very essence of the constitutional right to housing. and yet, as a derogation from human dignity, it is not absolute. Executive immunity is not intended to preserve for the debtor citizen the residential premises that belong to him by right of ownership in any case. When applying executive immunity, the court may deny if it is shown that the situation with the only suitable facilities for permanent residence was created by the debtor with abuse of rights or objectively developed, but the size of the dwelling significantly exceeds (multiple) the norms for the provision of housing by us conditions of social employment in the region of your residence”.

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

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