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Date: 8 months ago   Category: Politics

The Supreme Court allowed to withdraw uniform housing from the bankrupt debtor



This case proceeds about 10 years — the debtor Anatoly Frushchak in previous the 2017th submitted the announcement of bankruptcy of the natural person, and his uniform housing (the five-room apartment on 198 square meters) was recognized as court the only housing and excluded from competitive weight. Writes Interfax about it. The conflict between the debtor and his creditor Andrey Kuznetsov continues nearly 10 years. Then the court refused recognition of the apartment as unique housing and recognized as legitimate transfer of property on compulsory realization, it is told in documents VS. The area of the apartment is 198 square meters, and its cost — 28 million rubles. The creditor's defenders also reported that bankruptcy of the citizen was initiated only to use Article 446 of the Civil code about property immunity, in other words for preservation of the real estate. Later case was considered in the Supreme Court — the appeal from the creditor Frushchak, Andrey Kuznetsov who asked to repeal judicial acts arrived there. Its cost was estimated at 28 million rubles, at all this it officially was the only housing of the citizen and under the law was not subject to withdrawal. Everything as media report, Frushchak owes Kuznetsov of 13 million rubles. In the Supreme Court the lawyer of the creditor Yuli Nikishin paid attention that before courts stated signs of dishonesty and abuse in actions of the debtor. On the located last information of Interfax, in 2010 — 2011 courts recognized that Frushchak owes the creditor Andrey Kuznetsov not less than 8 million rubles. So, representatives of the claimant said that Frushchak did not make any voluntary payment. The debtor's representative, in turn, denied it, noting that "abuses have protective character", and the debt after all is repaid. The board of the Supreme Court made the decision to repeal acts of inferior courts. The dispute is sent for new consideration in court of first instance. Experts consider that practice of the Supreme Court can do much harm to other similar disputes. Here then the man submitted the petition with a request to exclude from the list of the property exposed on realization, its five-room apartment. He reminds that now courts do not keep in competitive weight expensive uniform housing on the basis of a position of the Constitutional Court of the Russian Federation. If inhabitants, according to him, to the detriment of creditors "create fictions" for use of property immunity, it is necessary to battle against such acts. At all this the legislation allows also other option — collecting a part of housing (if its area more, than it is necessary for accommodation).
of newsler of Vlad Nekrasov Today, 13:23 0

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