District court clarified what to do with a participatory who was late with his claims

The Arbitration Court of the North-Western District considered the case on the complaint of the creditor, who was dissatisfied with the rulings made by the lower instances.  In them, the judges rejected the applicant’s claims to restore the deadline he had missed for filing a claim for inclusion in the register of creditors’ claims and, as a consequence, the inclusion itself.

However, the district court assessed the situation differently, reminding colleagues that in the case under consideration the issue was a bankruptcy of the developer, which means that there were special terms for creditors.

The failure to notify the manager of the participatory about opening of the register was named as the situation that caused the two-year delay in the filing of claims by the creditor.

Considering the complaint, the district court recalled that according to the bankruptcy legislation in force, at the time of the disputed legal relationship, the manager was obliged to notify in writing all equity holders about the start of the insolvency procedure of the developer and the possibility of filing applications for inclusion in the RTK.

In this case, the deadline for submitting applications is associated precisely with the receipt of the manager's notification, and the reason for a delay can be recognized as a valid excuse, and the deadline may be restored.

The district court also recalled the position of the Supreme Court of Russia, according to which, even if the procedural deadline is missed, the creditor has the right to its restoration, provided that it was missed not because of his fault.

The result of the consideration of the case was the cancellation of the decisions made by the lower instances and the referral of the case for reconsideration (decision in case № A56-50508 / 2016 of November 29, 2021).