July 6 Main results of the day

The Arbitration Court of the Moscow District satisfied the cassation appeal of the Bureau of Lawyers “De jure” and canceled the judicial acts of the lower courts on the refusal to grant access to the financial manager to the living quarters of the deceased debtor. Refusing to satisfy the claims the courts of lower instances based on the fact, that the dwelling does not belong to the debtor. At the same time, the employees of the Bureau, protecting the interests of the debtor’s creditor, drew the attention of the court of cassation to the fact that the dwelling is the property of his wife. The deceased debtor lived at this address for a long time, therefore, the property located in the apartment is jointly acquired, and the funds received from its sale should be used to repay creditors’ claims. The cassation instance agreed with the arguments of the creditor and sent the case for a new hearing to the court of first instance. The interests of the cassator were represented by Valentina Petrova, First Deputy of the Bureau of Lawyers “De jure”, and Ksenia Stikhina, senior lawyer of the Bureau.