Anastasia Morozkova spoke at the conference “Bankruptcy-2019” of “New Prospect”
How to find a double bottom even in the most empty debtor? How can a bona fide affiliated creditor obtain the inclusion of its claim in the register of bankruptcy? How are the busted developers, who are now bankrupt under the new rules? These and other issues were discussed by the participants of the II scientific and practical legal business conference "Bankruptcy-2019", organized by the business internet newspaper "New Prospekt" together with the faculty of law of St. Petersburg state University, which was held on November 21 at the conference center "Mind Games".
Anastasia Morozkova, head of corporate practice of the law firm "Prime Advice", took part in the conference as a speaker and highlighted the issues of imperfection of legal regulation of the institution of bankruptcy of the developer and the problems arising in this regard:
- difficulties with the extension of the construction permit, if on the date of appointment of the bankruptcy trustee it has expired. State bodies formally approach this issue and refuse to extend with reference to the direct norm of the Town planning code, which does not contribute to the goal of protecting the rights of defrauded shareholders;
- approaches of courts to qualification of requirements of participants of construction depending on in what object of real estate the residential premises were purchased. At the moment, the purchasers of cottages and apartments were left behind – the courts do not see the grounds for referring such citizens to the participants of construction, who have the right to make a property claim to the developer.
The result of this approach was a paradoxical situation that developed in one of the bankruptcy cases, which we accompany – as part of the residential complex under construction were built apartment buildings, townhouses and cottages. All equity agreements were registered on 214 Federal law, money of shareholders were spent for construction of the general infrastructure of all settlement. At the same time, the courts refused to include buyers of cottages in their requirements in the register of requirements for the transfer of residential premises.