August 28 Main results of the day

The courts of the first and appellate instances in the bankruptcy case of an individual came to the conclusion that an apartment in Moscow acquired during the marriage by one of the spouses, which was used by family members, is not jointly acquired property and is not subject to sale in the bankruptcy procedure of the second spouse. The surety for the spouse’s loan also seemed to the court to be an insufficient argument to prove participation in the joint purchase of the apartment.

The Bureau of Lawyers “De jure”, where the creditor applied for help, could not agree with such conclusions, as a result of which lawyer Sergey Egorov managed to cancel judicial acts of the lower courts in the cassation court and send the case for a new trial.

Thus, the prospects for satisfying creditors’ claims increase, since now the issue of including the apartment in the bankruptcy estate and its sale in the bankruptcy procedure will be considered taking into account the opinion of the district court.