RusBankrot
We know everything about bankruptcy
03/03/2026
Tuesday
THIS DAY IN HISTORY:
3 March 
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
3 March
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
APPROVAL OF A LOCAL SETTLEMENT WITH A SECURED CREDITOR: CONDITIONS AND CONSEQUENCES
The debtor applied to the court for approval of a local settlement agreement with the bank in the framework of the bankruptcy case (case no. A61-6329/24).
In refusing to approve the settlement agreement, the courts of the two instances proceeded from the fact that it did not meet the requirements imposed on it by the provisions of the law. The case file does not contain evidence of the inclusion of the bank's claim under the loan agreement in the register of creditors' claims of the debtor, does not provide a schedule for repayment of debts under the settlement agreement and evidence of the solvency of a third party, and does not provide the consent of the creditors' meeting. Based on the established factual circumstances, the courts concluded that the applicant had violated the procedure established by law for concluding a settlement agreement.
The cassation sent the dispute for reconsideration, noting that the fact that the bank had failed to submit a separate application for inclusion in the register of creditors' claims in the presence of a debtor's application that submitted a local restructuring plan signed on all sides could not be grounds for refusing to approve such a plan.
The court noted that the courts' conclusions that the local restructuring plan is subject to mandatory approval by the debtor's creditors contradict the law. The courts needed to consider the issue of joint consideration of this separate dispute with the bank's statement on the inclusion of claims in the register, to find out the will of the debtor and a third party to comply with the terms of the local plan.
Photo: Freepik
In refusing to approve the settlement agreement, the courts of the two instances proceeded from the fact that it did not meet the requirements imposed on it by the provisions of the law. The case file does not contain evidence of the inclusion of the bank's claim under the loan agreement in the register of creditors' claims of the debtor, does not provide a schedule for repayment of debts under the settlement agreement and evidence of the solvency of a third party, and does not provide the consent of the creditors' meeting. Based on the established factual circumstances, the courts concluded that the applicant had violated the procedure established by law for concluding a settlement agreement.
The cassation sent the dispute for reconsideration, noting that the fact that the bank had failed to submit a separate application for inclusion in the register of creditors' claims in the presence of a debtor's application that submitted a local restructuring plan signed on all sides could not be grounds for refusing to approve such a plan.
The court noted that the courts' conclusions that the local restructuring plan is subject to mandatory approval by the debtor's creditors contradict the law. The courts needed to consider the issue of joint consideration of this separate dispute with the bank's statement on the inclusion of claims in the register, to find out the will of the debtor and a third party to comply with the terms of the local plan.
Photo: Freepik
02.03.2026
