July 31 Main results of the day

The debtor’s real estate was returned to the bankruptcy estate so that there would be something to repay creditors’ claims!

The Tenth Arbitration Court of Appeal granted our complaint and overturned the ruling of the court of first instance, by which the court, at the request of a cunning creditor, excluded three parking spaces, two apartments, two land plots and a house from the debtor’s bankruptcy estate, and also denied the same creditor a motion to terminate proceedings on our complaint.

Roman Volkomorov, lawyer of the Bureau of Lawyers “De jure”, convinced the court of appeal that the exclusion of property from the bankruptcy estate leads to the preferred satisfaction of the claims of one creditor, and the judicial practice cited by the latter was formed under circumstances different from the dispute under consideration.

As a result, real estate worth several million rubles was returned to the bankruptcy estate, which will allow it to be sold and funds to be allocated for the proportional repayment of the claims of all creditors, including our client, and not just the quasi-cunning ones.