RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
DISPUTE ABOUT THE BEGINNING OF THE TERM OF THE GUARANTEE: WHEN CAN I CLAIM?
The entrepreneur applied to the court for the inclusion of claims in the debtor's register (case no. A56-71226/23).
The courts of two instances satisfied the application, drawing attention to the fact that the obligations of the principal secured by the debtor arising from the bank guarantee were established by a judicial act that entered into force, and the assignment agreement was not recognized as invalid and there was no information about its contestation.
The cassation sent the dispute for reconsideration, noting that the court of first instance had not checked the validity period of the guarantee when including the claim in the register. In the court of appeal, the debtor referred to the expiration of the time limit, but no assessment was given to this argument.
The debtor also believes that it is incorrect to consider the beginning of the three-year term of the guarantee from the date when the bank made the payment in favor of the beneficiary under the bank guarantee, since such a period is calculated from the date the beneficiary submits a claim for payment against the guarantee, regardless of when the bank fulfilled its obligations under the bank guarantee.
The debtor indicates that, according to the terms of the guarantee agreement, the last day for filing claims against the guarantor in accordance with the terms of the guarantee agreement was a certain date (within three years from the end date of the guarantee period).
The claim against the surety is submitted later than the specified period, that is, beyond the period of validity of the surety. The debtor refers to a court decision taken in a case with similar factual circumstances in another case on the refusal of the bank to recover funds from a company that was a guarantor for the obligations of another company under a bank guarantee due to the expiration of the guarantee.
Photo: Freepik
The courts of two instances satisfied the application, drawing attention to the fact that the obligations of the principal secured by the debtor arising from the bank guarantee were established by a judicial act that entered into force, and the assignment agreement was not recognized as invalid and there was no information about its contestation.
The cassation sent the dispute for reconsideration, noting that the court of first instance had not checked the validity period of the guarantee when including the claim in the register. In the court of appeal, the debtor referred to the expiration of the time limit, but no assessment was given to this argument.
The debtor also believes that it is incorrect to consider the beginning of the three-year term of the guarantee from the date when the bank made the payment in favor of the beneficiary under the bank guarantee, since such a period is calculated from the date the beneficiary submits a claim for payment against the guarantee, regardless of when the bank fulfilled its obligations under the bank guarantee.
The debtor indicates that, according to the terms of the guarantee agreement, the last day for filing claims against the guarantor in accordance with the terms of the guarantee agreement was a certain date (within three years from the end date of the guarantee period).
The claim against the surety is submitted later than the specified period, that is, beyond the period of validity of the surety. The debtor refers to a court decision taken in a case with similar factual circumstances in another case on the refusal of the bank to recover funds from a company that was a guarantor for the obligations of another company under a bank guarantee due to the expiration of the guarantee.
Photo: Freepik
23.09.2025
