The Supreme Court canceled the recovery of the cost of an apartment in Moscow from the bankrupt mother

Brief retelling from RIA II

The Supreme Court of Russia overturned the judicial acts of three lower instances on the recovery of half the cost of an apartment in Khamovniki from Diana Knyazhitskaya.

Previously, the courts declared the agreement to donate a share in an apartment from a son to his mother illegal, since the transaction caused harm to creditors.

Judge of the Supreme Court of the Russian Federation Elena Borisova considered Knyazhitskaya’s arguments about the unfoundedness of the penalty worthy of attention, and the panel overturned the decision of the lower courts.

MOSCOW, September 23 - RIA Novosti. The Supreme Court of Russia overturned judicial acts of three lower instances on the recovery from the mother of a citizen declared bankrupt of half the cost of an apartment in the center of Moscow, in which her son gave her a 50 percent share several years before his bankruptcy, according to materials studied by RIA Novosti.

A resonant decision was made by the highest court in the bankruptcy case of Arkady Brish. Brish was the controlling person of Moskapproekt LLC. Bankruptcy proceedings were initiated against this company in September 2018, and in May 2019 it was declared bankrupt.

In June 2018, Brish gave his mother Diana Knyazhitskaya half of the apartment in Khamovniki, which they had previously received for two through privatization. In June 2021, Knyazhitskaya sold this apartment for 31 million rubles.

Meanwhile, Brish in May 2021, a month before the sale of the apartment, was brought to subsidiary liability for the debts of Moskapproekt in the amount of 27 million rubles. Of this amount, the rights to claim almost 26 million were then transferred to the creditor Sergei Bragin.

Bragin initiated the bankruptcy of Brish in 2024. In 2025, the debtor’s financial manager challenged the agreement on donation of a share in the apartment by the debtor in favor of his mother, and the courts supported him.

First, the Arbitration Court of the Moscow Region, then the appellate and cassation instances declared the donation illegal, since the transaction caused harm to Brish’s creditors, and ordered Knyazhitskaya to pay half the cost of the housing to her son’s bankruptcy estate – 15.5 million rubles.

Knyazhitskaya filed a cassation appeal with the Supreme Court, in which she indicated that the rights of Moskapproekt’s creditors were not violated by the donation of a share in the apartment, since this apartment was Brish’s only home and could not be foreclosed on; the share was subject to executive immunity. According to the applicant, the gift of a share did not mean a waiver of immunity, contrary to the findings of the lower courts.

In addition, she noted that the donation was disputed in her son’s bankruptcy case on the grounds provided for in the bankruptcy law, as a suspicious transaction. However, the period of suspicion provided for by this law is three years, and the donation took place 8 years before the bankruptcy of Brish.