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 ONLY HOUSING ON CREDIT CAN BE SAVED BY A SEPARATE WORLD
As part of the bankruptcy case of a citizen, the bank applied to the court for the inclusion of a collateral claim in the debtor's register (case no. A15-7403/22).
The courts of two instances, satisfying the application, proceeded from the fact that the debtor has an unfulfilled loan obligation secured by an apartment pledge, and the debtor's status as a military serviceman participating in the accumulative mortgage system has no legal significance.
The cassation sent the dispute for reconsideration, guided by the following:
Federal State Budgetary Institution Rosvoenipoteka and the debtor have concluded an agreement on a targeted housing loan provided to a participant in the accumulative mortgage housing system for military personnel. The specified target housing loan is provided to repay the initial payment upon receipt of a loan secured by real estate and repayment of obligations to the bank on a loan secured by real estate.
As follows from the explanations of the debtor and the manager, and is also confirmed by the case materials, the disputed residential premises are the only habitable housing of the debtor. The Bank did not refute the fact that the obligations under the loan agreement are fulfilled at the expense of budgetary funds within the time limits stipulated in the agreement and outside the framework of the provisions of the Bankruptcy Law.
At the same time, possible options for retaining the debtor's only housing, including by concluding a settlement agreement, approving a local debt restructuring plan while maintaining fulfillment of obligations to the secured creditor, and without releasing the debtor from fulfilling obligations secured by collateral, upon completion of the bankruptcy procedure, were submitted by the court of first instance for consideration by the parties to the dispute, in connection with which The parties of the debtor and the financial manager have submitted to the case file a draft settlement agreement sent to the Federal State Budgetary Institution Rosvoenipoteka and the bank, as well as the latter's objections regarding its terms. However, these circumstances were not properly assessed by the court.
The courts of two instances, satisfying the application, proceeded from the fact that the debtor has an unfulfilled loan obligation secured by an apartment pledge, and the debtor's status as a military serviceman participating in the accumulative mortgage system has no legal significance.
The cassation sent the dispute for reconsideration, guided by the following:
Federal State Budgetary Institution Rosvoenipoteka and the debtor have concluded an agreement on a targeted housing loan provided to a participant in the accumulative mortgage housing system for military personnel. The specified target housing loan is provided to repay the initial payment upon receipt of a loan secured by real estate and repayment of obligations to the bank on a loan secured by real estate.
As follows from the explanations of the debtor and the manager, and is also confirmed by the case materials, the disputed residential premises are the only habitable housing of the debtor. The Bank did not refute the fact that the obligations under the loan agreement are fulfilled at the expense of budgetary funds within the time limits stipulated in the agreement and outside the framework of the provisions of the Bankruptcy Law.
At the same time, possible options for retaining the debtor's only housing, including by concluding a settlement agreement, approving a local debt restructuring plan while maintaining fulfillment of obligations to the secured creditor, and without releasing the debtor from fulfilling obligations secured by collateral, upon completion of the bankruptcy procedure, were submitted by the court of first instance for consideration by the parties to the dispute, in connection with which The parties of the debtor and the financial manager have submitted to the case file a draft settlement agreement sent to the Federal State Budgetary Institution Rosvoenipoteka and the bank, as well as the latter's objections regarding its terms. However, these circumstances were not properly assessed by the court.
24.04.2024
