Foreclosure on the only housing: the development of practice
The author is Daria Efremova, a leading lawyer of Law Office «Main Letter».
The article considers cases related to foreclosure on the only housing of a debtor-citizen. The assessment of the actions of the debtor, as well as the legality of the judicial acts issued, is given. The positions of the Supreme Court of the Russian Federation, on which it is recommended to rely on a lawyer when protecting the interests of his clients, are given. The prospects for the development of the practice of foreclosing on the only housing of a citizen are outlined. It has been more than a year and a half since the resolution of the Plenum of the Armed Forces of the Russian Federation of December 25, 2018 was issued. No. 48 "On some issues related to the peculiarities of the formation and distribution of the bankruptcy estate in bankruptcy cases of citizens", and using the example of several cases, we can try to determine how the practice on the exclusion of single housing from the bankruptcy estate developed.
Link to the article: https://www.advgazeta.ru/mneniya/v-otsutstvie-mekhanizma-obmena/