In consumer bankruptcy, an apartment in TBS is not included in the bankruptcy estate. The bankrupt’s claim for participation in construction costs arises only when the lease ends and the premises are vacated. Therefore, only after the contract with TBS is terminated is it possible for the trustee to seize the participation amount.

In such a situation, it is justified to submit a request to the judge-commissioner to exclude participation and the deposit from the bankruptcy estate. First of all, the justification for the application should indicate that the above rights are inalienable. Moreover, the trustee has no grounds to terminate the lease agreement or force the bankrupt to do so. Moreover, the amount of participation is not known because it is only recalculated at the time of its withdrawal, and any refund would be made 12 months after the premises are vacated. An apartment in TBS is also a specific rental relationship, so an attempt to liquidate such property will significantly extend the duration of the proceedings and increase its costs, which could turn out to be higher than the proceeds from the liquidation of property rights.

However, the most important reason for excluding participation and deposit from the bankruptcy estate is the fact that termination of the contract would force the bankrupt to leave the premises, which, in the absence of the possibility of using the protection measures provided for bankrupt apartment owners, i.e. separating from the amount of the liquidation of such an apartment an amount to meet housing needs in period of 12-24 months would expose such a person to homelessness, which would also be inconsistent with the primary goal of the Act, which is to enable the bankrupt to start a new life.