Annotation

The article addresses the problem of the disposal of buildings as objects of the bankruptcy estate in insolvency proceedings and the discrepancies between the physical and legal status of an object that an arbitration manager may encounter when inventorying them as the bankruptcy estate. The relevance of the topic stems from the fact that a building may physically cease to exist while remaining in accounting records, or, conversely, may arise legally in the absence of any record thereof, which distorts information about the bankruptcy estate and complicates the challenging of transactions. The author distinguishes two forms of disposal: physical and legal. Within physical disposal, demolition at the owner's will and disposal against the owner's will are identified. It is shown that establishing the debtor's will is fundamental for assessing his good faith, identifying unaccounted-for benefits, and the prospects for challenging transactions. The legal termination of an object's existence is examined through the prism of reconstruction: in most cases, no new object arises; however, the completion of construction of an unfinished construction object, the division or merger of buildings, and a change in the type of object (the "garage amnesty," a change in the legal regime of a blocked-development house) give rise to an object with an independent legal fate. Changes in the area of a building resulting from a change in calculation methodologies in the absence of reconstruction or redevelopment are analyzed separately.