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.
INCREASED INTEREST RATES: COMPENSATION FOR LOSSES OR A MEASURE OF INFLUENCE?
The creditor applied to the court for the inclusion of claims in the debtor's register (case no. A55-20649/23).
The courts of two instances partially satisfied the application, having established that the increased interest was accrued on the basis of the contract and concluded that there were grounds for applying the article on reducing penalties in terms of accruing financial penalties in the form of increased interest and reduced the amount of increased interest to be included in the debtor's register of claims to the amount of the principal debt, refusing to satisfy the creditor's claims for inclusion in the register of the debtor's claims of the amount of increased interest. Regarding the accrual of penalties, the grounds for reducing penalties were not considered.
The cassation sent the dispute for reconsideration in part, considering the creditor's arguments regarding determining the amount of increased interest as penalties for the purposes of applying the article on reducing penalties to be noteworthy. Thus, according to the lender's calculation and in accordance with the terms of the agreement, the increased interest was calculated by the bank for the period of delay. At the same time, the increased interest consists of the amount of interest at the rate stipulated by the contractual interest and a similar amount of interest accrued in excess of the rate, which are accrued as penalties for late repayment of the loan.
In the case under consideration, the courts, when specifying the total amount of interest to be reduced, did not distinguish between increased interest, while some of them were subject to accounting as part of the principal debt (interest according to the article on interest on the use of funds accrued at the initial rate on the loan), another part (increased interest according to the article on the consequences of breach of obligations under repayment of the loan in excess of the initial amount of interest for the use of the loan) was subject to consideration as penalties.
The contested judicial acts by the courts did not take into account that interest was subject to differentiation - some of it was subject to accounting as part of the principal debt (interest according to the article on interest on the use of funds accrued at the initial loan rate), another part (increased interest according to the article on the consequences of violating the obligation to repay the loan, exceeding the initial amount of interest for the use of the loan) was subject to consideration as penalties, which led to the incorrect application of the provision on the reduction of disproportionate penalties.
In addition, increased interest rates for the use of a loan in the event of a violation by the borrower of the obligation to repay the loan as a measure of responsibility of the debtor are subject to a ban on the use of financial sanctions for non-fulfillment of monetary obligations, established by the regulatory legal act on the introduction of a moratorium on the initiation of bankruptcy proceedings on applications submitted by creditors.
As a general rule, during the period of the moratorium, financial sanctions are not imposed only on claims that arose before the introduction of such a moratorium. Accordingly, the courts should have checked the creditor's accrual of increased interest for late repayment of the loan, taking into account the moratorium period. However, the calculation of the interest debt claimed by the creditor for inclusion in the debtor's register of claims was not actually verified by the courts.
Photo: Freepik
The courts of two instances partially satisfied the application, having established that the increased interest was accrued on the basis of the contract and concluded that there were grounds for applying the article on reducing penalties in terms of accruing financial penalties in the form of increased interest and reduced the amount of increased interest to be included in the debtor's register of claims to the amount of the principal debt, refusing to satisfy the creditor's claims for inclusion in the register of the debtor's claims of the amount of increased interest. Regarding the accrual of penalties, the grounds for reducing penalties were not considered.
The cassation sent the dispute for reconsideration in part, considering the creditor's arguments regarding determining the amount of increased interest as penalties for the purposes of applying the article on reducing penalties to be noteworthy. Thus, according to the lender's calculation and in accordance with the terms of the agreement, the increased interest was calculated by the bank for the period of delay. At the same time, the increased interest consists of the amount of interest at the rate stipulated by the contractual interest and a similar amount of interest accrued in excess of the rate, which are accrued as penalties for late repayment of the loan.
In the case under consideration, the courts, when specifying the total amount of interest to be reduced, did not distinguish between increased interest, while some of them were subject to accounting as part of the principal debt (interest according to the article on interest on the use of funds accrued at the initial rate on the loan), another part (increased interest according to the article on the consequences of breach of obligations under repayment of the loan in excess of the initial amount of interest for the use of the loan) was subject to consideration as penalties.
The contested judicial acts by the courts did not take into account that interest was subject to differentiation - some of it was subject to accounting as part of the principal debt (interest according to the article on interest on the use of funds accrued at the initial loan rate), another part (increased interest according to the article on the consequences of violating the obligation to repay the loan, exceeding the initial amount of interest for the use of the loan) was subject to consideration as penalties, which led to the incorrect application of the provision on the reduction of disproportionate penalties.
In addition, increased interest rates for the use of a loan in the event of a violation by the borrower of the obligation to repay the loan as a measure of responsibility of the debtor are subject to a ban on the use of financial sanctions for non-fulfillment of monetary obligations, established by the regulatory legal act on the introduction of a moratorium on the initiation of bankruptcy proceedings on applications submitted by creditors.
As a general rule, during the period of the moratorium, financial sanctions are not imposed only on claims that arose before the introduction of such a moratorium. Accordingly, the courts should have checked the creditor's accrual of increased interest for late repayment of the loan, taking into account the moratorium period. However, the calculation of the interest debt claimed by the creditor for inclusion in the debtor's register of claims was not actually verified by the courts.
Photo: Freepik
24.09.2025
