We know everything about bankruptcy
04/01/2025
Saturday
4 January 
1985 The world's first child from a surrogate mother was born in London.
1985 The world's first child from a surrogate mother was born in London
1948 The independence of Burma was declared.
1948 The independence of Burma was declared
1943 The American magazine "Time" named Stalin the man of the year.
1943 The American magazine "Time" named Stalin the man of the year
Supreme Court of Russia clarified the features of termination of pledge in bankruptcy
The legal dispute was considered by three instances, each of which agreed with the opinion of the debtor, retaining the burden, but the Supreme Court indicated an error in the interpretation of the law and practice.
The fact was that the dispute arose against the bankruptcy of a citizen, whose property (a car) the trustee was going to sell at an auction. However, the debtor indicated that this car was pledged by a third party, which, in turn, did not include the claims into the register of creditors’ claims.
The trustee’s opinion was that the fact of the absence of the pledge creditor’s claims in the register deprives him of the right to keep the pledge and proposed to sell the car at the auction without encumbrance.
The courts of three instances did not support this position.
Considering the complaint of the bankruptcy trustee, the Supreme Court of the Russian Federation agreed with him, indicating that the rules of the paragraph 18 of the resolution of Plenum cannot be applied in the case under consideration. The norm provides for the situation in which the claims of pledge creditors remain in the course of bankruptcy of the individual entrepreneur.
The Supreme Court explained that the ruling was issued before the implementation of the law enforcement practice to the bankruptcy of individuals, which changes the case dramatically. Economic Board stressed out that the current legal regulation provides for the termination of the pledge after the realization of the property of an individual. At the same time, a pledge lender, who did not file his bankruptcy claims, loses the right to the pledged property (decision of September 1, 2021 ¹ 310-ES21-6469 in case ¹ A68-3921 / 2019).
