Sergei Zhuk | A commentary for Advokatskaya Gazeta: The Supreme Court explains how to foreclose on the only housing of a bankrupt individual
The Supreme Court has explained how to foreclose on the only housing of a bankrupt individual.
The court pointed out the need to hold a creditors' meeting to determine the market value of the residential house and the plot of land, the costs of their sale, and the provision of replacement housing.
Sergei Zhuk, an advocate of ART DE LEX law firm, notes that the Supreme Court has reiterated its position on the possibility of «pass-through» consideration of the case and the cancellation of all judicial acts on the merits of the dispute, while the appeal itself has been filed only on the last of them - the decision of the district court. «The adoption of the Constitutional Court Resolution No. 15-P of April 26, 2021 could not but affect the approach of the bankruptcy courts to the procedure of applying the immunity of execution,» he underlines.