Posthumous bankruptcy proceedings were instituted against a debtor. The heir succeeded in having the portion of the debtor’s claim excluded from the bankruptcy estate, which was the heir`s only residence. The final point in the case was put by the Supreme Court which stressed that since the disputed flat was not a communal flat the sale of the share to third parties would violate the heirs’ right to live a decent life, personal dignity and inviolability of the home.
Sergei Bakeshin, Head of Maxima Legal dispute resolution and insolvency practice, told the Pravo.ru legal portal that Russian commercial courts have already used a similar approach with the exclusion of a share in a flat from the bankruptcy estate.
