RusBankrot
We know everything about bankruptcy
20/05/2024
Monday
THIS DAY IN HISTORY:
20 May 
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
20 May
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
THE GUARANTOR IS RESPONSIBLE TO THE SAME EXTENT AS THE PRINCIPAL DEBTOR
The Company applied to the court to include the claim in the register of the citizen-guarantor (case no. A41-77087/22).
Satisfying the application in full, the courts of two instances proceeded from the fact that the creditor's claims were confirmed by judicial acts, including the inclusion of the claim in the register of the main debtor.
The cassation sent the dispute for reconsideration, based on the fact that the creditor in the present bankruptcy case of the debtor declared debt collection from the guarantor in an amount exceeding the debt under the loan agreement established in the framework of the bankruptcy case of the main debtor in the amount of a penalty for late repayment of the loan amount. The specified penalty was not claimed against the main debtor and was not recovered. The penalty was accrued and applied to the guarantor after the bankruptcy procedure was introduced against the main debtor.
However, in this case, the court of first instance and the court of appeal recognized the claims against the debtor - guarantor as justified both in terms of the moratorial interest and in terms of the penalty not declared to the main debtor.
Satisfying the application in full, the courts of two instances proceeded from the fact that the creditor's claims were confirmed by judicial acts, including the inclusion of the claim in the register of the main debtor.
The cassation sent the dispute for reconsideration, based on the fact that the creditor in the present bankruptcy case of the debtor declared debt collection from the guarantor in an amount exceeding the debt under the loan agreement established in the framework of the bankruptcy case of the main debtor in the amount of a penalty for late repayment of the loan amount. The specified penalty was not claimed against the main debtor and was not recovered. The penalty was accrued and applied to the guarantor after the bankruptcy procedure was introduced against the main debtor.
However, in this case, the court of first instance and the court of appeal recognized the claims against the debtor - guarantor as justified both in terms of the moratorial interest and in terms of the penalty not declared to the main debtor.
27.04.2024
