MORATORIUM INTEREST AGAINST BANKRUPTCY RIGHTS FOR HOUSING

MORATORIUM INTEREST AGAINST BANKRUPTCY RIGHTS FOR HOUSING

MORATORIUM INTEREST AGAINST BANKRUPTCY RIGHTS FOR HOUSING
The manager filed a lawsuit in court to resolve the disagreements that arose between him, the creditor, and the debtor regarding the calculation and payment of moratorium interest (case No. A40-145843/23).

The courts of two instances recognized the validity of the applicant's arguments regarding the existence of grounds for satisfying the debtor's pledge creditor's claim for the repayment of pledge claims, including moratorium interest, from the funds remaining after the sale of the pledge property.

The cassation sent the dispute for a new trial, noting that amendments to the Law on Bankruptcy established a special procedure for distributing the funds received from the sale of the debtor's only property. The proceeds from the sale of the debtor's only property are distributed as follows: 

1. First, the proceeds are reduced by the costs of preserving the collateral and conducting the auction for its sale; 

2. The remaining proceeds are distributed as follows: 80% are due to the collateral creditor. The amount is limited to the amount of his claim under the mortgage, including penalties, other financial sanctions, and moratorium interest.

During the dispute, the debtor requested the court of appeal to provide him with an amount to maintain a balance of interests between the mortgage lender and the debtor, in order for the debtor to purchase another residential property to live in with his family members.

03.07.2026