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If the transfer of rights to the property of the debtor has not been registered, the property is included in the bankruptcy estate.

If the transfer of rights to the property of the debtor has not been registered, the property is included in the bankruptcy estate.


If the transfer of rights to the property of the debtor has not been registered, the property is included in the bankruptcy estate.

The scope of the dispute

In July 2016, the debtor and its counterparty signed a contract for the sale of a real estate - gas stations, land and a fuel tank. The counterparty was obliged to pay 17 million rubles for this property.

In March 2017, the court accepted the application for bankruptcy of the debtor and in September of the same year declared it unsustainable.

In January 2018, the bankruptcy trustee appealed to the court to challenge the deal. He pointed out that the conclusion of sales contracts violates the interests of creditors.

The trial court granted the applicant. Explanations were given that the deal of ownership was not registered, and the debtor still used the property. That is why the execution of contracts was recognized as invalid.

However, the appeals and the district court did not agree with this. The courts considered that the interests of creditors were not violated. The manager's arguments about actual non-payment were not considered.

The Supreme Court's position

The Supreme Court recalled that the subject of the dispute may be not only the deals themselves, but also the actions, aimed at their execution.

Execution by the seller is considered to be the transfer of property to the buyer, and the moment of transfer of ownership of real estate is registration of transfer of the rights in the public register. Such an implementation may be invalidated if damage to creditors is seen.

Since at the time of the opening of the bankruptcy proceedings all property belonged to the debtor - since the transfer of ownership was not registered - it became part of the bankruptcy estate.

Accordingly, the debtor's demand to transfer real estate to his counterparty turned into a monetary one - within the meaning of clause 1, Article 126 Bankruptcy Laws. If interpreted differently, the rights of creditors would be violated.

The court pointed out that the counterparty of the debtor committed actions aimed at registering of the ownership during the month of suspicion.

Since in the trial court these actions were invalidated on the basis of preference, the consequences of their invalidity in the form of restoring the counterparty's claim to the debtor in the amount of 17 million rubles were applied, the act of the first instance court was upheld.


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