Posted 4 августа 2021,, 06:51
Published 4 августа 2021,, 06:51
Modified 24 декабря 2022,, 22:37
Updated 24 декабря 2022,, 22:37
The Supreme Court pointed out that not only the lender, but also the financial manager will be able to buy modest housing instead of the only one, but "luxurious" bankrupt. The purchase will be made at the expense of the bankruptcy estate. The very question of the expediency of such transactions to pay off the debt before going to court should be discussed at a meeting of creditors. This is the position of the Armed Forces.
Let's remind that the immunity to preserve the only housing for bankruptcy was guaranteed by Art. 446 of the Civil Code of the Russian Federation. According to the article, the only housing from a bankrupt could not be taken away if it was not mortgaged. However, in 2012, the Constitutional Court stated that the rule should not apply to expensive real estate. Later, the "luxury" of housing was defined, so that instead of it, the debtors acquired a more modest one. That the courts have the right to decide independently, depending on the circumstances, whether to keep the only housing for the debtor or not.
Note that for the first time in Russia, the debtor's only housing was seized at the beginning of last month. The precedent was the case of a resident of Yekaterinburg Arkady Potorochin - the court deprived him of a five-room apartment with an area of 147.3 sq. meters and cost 8.25 million rubles.