RusBankrot
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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.
THE BOUNDARIES OF THE PREFERRED SATISFACTION OF THE COLLATERAL CREDITOR'S CLAIMS
The manager applied to the court to challenge the transaction on the transfer of funds from the debtor's collateral account in favor of the bank (case no. A70-8257/23).
The courts of two instances granted the application, drawing attention to the fact that the disputed transaction led to the preferential satisfaction of the bank's claims against the second-tier creditor, which is the basis for declaring it invalid.
The cassation sent the dispute for reconsideration. The court proceeded from the fact that in the case under consideration, the mortgaged property was sold at an appropriate price, of which the amount was transferred to the mortgaged creditor, which is 91% in percentage. Considering that the secured creditor is in any case entitled to 80% of the funds, the satisfaction of the claims could meet the criteria of preference only over the claims of creditors of the first and second priority.
In order to determine how much the creditor received satisfaction of his claims with preference, the courts had to determine the amount of creditors' claims of the first and second priority. These arguments have not been verified by the courts, and the amount of creditors' claims outstanding by the debtor on the dates of payments of the first and second priority has not been established.
In the case under consideration, the bank's argument that the proceeds from the sale of collateral are sufficient to repay the claims of the creditor of the second stage has not been legally assessed.
Moreover, no assessment has been given to the arguments that the debtor has property sufficient to repay the claims of second-tier creditors and court costs, while these circumstances are essential for concluding the amount and procedure for applying restitution.
Photo: Freepik
The courts of two instances granted the application, drawing attention to the fact that the disputed transaction led to the preferential satisfaction of the bank's claims against the second-tier creditor, which is the basis for declaring it invalid.
The cassation sent the dispute for reconsideration. The court proceeded from the fact that in the case under consideration, the mortgaged property was sold at an appropriate price, of which the amount was transferred to the mortgaged creditor, which is 91% in percentage. Considering that the secured creditor is in any case entitled to 80% of the funds, the satisfaction of the claims could meet the criteria of preference only over the claims of creditors of the first and second priority.
In order to determine how much the creditor received satisfaction of his claims with preference, the courts had to determine the amount of creditors' claims of the first and second priority. These arguments have not been verified by the courts, and the amount of creditors' claims outstanding by the debtor on the dates of payments of the first and second priority has not been established.
In the case under consideration, the bank's argument that the proceeds from the sale of collateral are sufficient to repay the claims of the creditor of the second stage has not been legally assessed.
Moreover, no assessment has been given to the arguments that the debtor has property sufficient to repay the claims of second-tier creditors and court costs, while these circumstances are essential for concluding the amount and procedure for applying restitution.
Photo: Freepik
04.07.2025
