Екатерина Чернявская
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Сегодня на заседании Пленума Верховного Суда Российской Федерации прошло обсуждение проекта Постановления «О некоторых вопросах, связанных с особенностями формирования и распределения конкурсной массы в делах о банкротстве граждан» (далее – Проект). Текст документа имеется в распоряжении портала ГАРАНТ.РУ. В представленном Проекте документа планируется закрепить, что в конкурсную массу при банкротстве не включаются получаемые должником выплаты, предназначенные для содержания других лиц. Речь идет, в частности, об алиментах на несовершеннолетних детей, страховой пенсии по случаю потери кормильца, назначенной ребенку, и пособии на ребенка.
Предлагается при этом уточнить, что в исключительных случаях суд будет вправе по мотивированному ходатайству гражданина и других лиц, участвующих в деле о банкротстве, дополнительно исключить из конкурсной массы имущество общей стоимостью более 10 тыс. руб. Речь идет о случаях, когда должник или лица, находящиеся на его иждивении, по состоянию здоровья нуждаются в приобретении дорогостоящих лекарственных препаратов или медицинских услуг на упомянутые средства.
Также готовится разъяснение и по ситуациям, когда должнику на праве собственности принадлежит нескольких жилых помещений. В этом случае помещение, в отношении которого будет предоставлен исполнительский иммунитет, будет определяться судом, рассматривающим дело о банкротстве. Судам необходимо будет, с одной стороны, учитывать возможность удовлетворить требования кредиторов, а с другой, защитить право самого гражданина на жилище, а также членов семьи, в том числе находящихся на его иждивении.
Аналитическая система «Сутяжник» поможет узнать, какие обстоятельства являются решающими для судов в конкретных видах споров. Вы сможете понять, как нужно скорректировать исковое заявление или претензию, чтобы увеличить вероятность принятия решения в вашу пользу. Начать работу
В ходе представления Проекта председатель судебного состава Судебной коллегии по экономическим спорам ВС РФ Иван Разумов обратил внимание на тот факт, что в деле о банкротстве гражданина-должника, по общему правилу, подлежит реализации как его личное, так и их общее с супругом имущество, однако это не должно лишать его права на получение доли в натуре. Вместе с тем Проектом предполагается установление положения, согласно которому судебный акт о разделе имущества, определении долей супругов в общем имуществе может быть обжалован финансовым управляющим или кредиторами должника в общем установленном процессуальным законодательством порядке при условии, что этим судебным актом нарушены их права и законные интересы.
Проект, состоящий из 12 пунктов, по итогам рассмотрения направлен на доработку.
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