RusBankrot
We know everything about bankruptcy
03/05/2024
Friday
THIS DAY IN HISTORY:
3 May 
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
3 May
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
THE COURT HAS FIGURED OUT THE OWNERSHIP OF FUNDS UNDER THE STATE DEFENSE ORDER IN BANKRUPTCY
In the framework of the debtor's insolvency case (No. A76-17391/18), the creditor filed an application for the resolution of disagreements between him and the manager regarding the funds held in the debtor's special account under the state defense order.
The application was partially satisfied by the court of first instance, the differences were resolved in favor of the creditor.
The Court proceeded from the fact that the funds held in the account intended for the fulfillment of the contract are limited in turnover and subject to expenditure in order to satisfy the creditor's claims on the basis of the provisions of the Law on Defense Order; if there is insufficient funds in special accounts to satisfy all the requirements permitted by the Law on Defense Order, their repayment is made by the manager with taking into account the priority established by law.
The appeal did not agree with this approach and, after analyzing the complaint acts and establishing the fact of detecting a defect in the delivered goods after the date of initiation of the bankruptcy case, came to the conclusion that the debtor's obligation to refund funds arose after the date of initiation of the bankruptcy case, in connection with which it considered the creditor's claim in the declared amount to be the debtor's current obligation.
The district court upheld the ruling of the first instance and pointed out the following:
"In the case under consideration, the court of first instance legitimately stated that, since the property provision to the debtor (advance payment) was made before the initiation of bankruptcy proceedings, therefore, the demand for the return of the unprocessed advance cannot relate to current payments, regardless of the date of detection of a defect in the goods delivered by the debtor or the application for refusal and termination of the contract;
The funds of the state defense order received by the bankrupt organization do not fall into the bankruptcy estate;
In fact, in this case, two separate bankruptcy masses of the debtor are formed:
- the tender mass consisting of the rights of claim for the defense order;
- the bankruptcy estate consisting of other property of the debtor.
Taking into account the formation of two property masses in the bankruptcy case, funds that can be transferred to a separate account from the activities carried out by the arbitration manager in the debtor's bankruptcy procedure related to the execution of these contracts (challenging transactions on the write-off of funds made in violation of the restrictions established by the Law on Defense Order, recovery of losses from counterparties for the delivery of goods of inadequate quality, etc.), are subject to transfer to a special (special) account for settlements with the creditor, and if there are insufficient funds on the specified account, repayment is made by the bankruptcy trustee, taking into account the priority."
The application was partially satisfied by the court of first instance, the differences were resolved in favor of the creditor.
The Court proceeded from the fact that the funds held in the account intended for the fulfillment of the contract are limited in turnover and subject to expenditure in order to satisfy the creditor's claims on the basis of the provisions of the Law on Defense Order; if there is insufficient funds in special accounts to satisfy all the requirements permitted by the Law on Defense Order, their repayment is made by the manager with taking into account the priority established by law.
The appeal did not agree with this approach and, after analyzing the complaint acts and establishing the fact of detecting a defect in the delivered goods after the date of initiation of the bankruptcy case, came to the conclusion that the debtor's obligation to refund funds arose after the date of initiation of the bankruptcy case, in connection with which it considered the creditor's claim in the declared amount to be the debtor's current obligation.
The district court upheld the ruling of the first instance and pointed out the following:
"In the case under consideration, the court of first instance legitimately stated that, since the property provision to the debtor (advance payment) was made before the initiation of bankruptcy proceedings, therefore, the demand for the return of the unprocessed advance cannot relate to current payments, regardless of the date of detection of a defect in the goods delivered by the debtor or the application for refusal and termination of the contract;
The funds of the state defense order received by the bankrupt organization do not fall into the bankruptcy estate;
In fact, in this case, two separate bankruptcy masses of the debtor are formed:
- the tender mass consisting of the rights of claim for the defense order;
- the bankruptcy estate consisting of other property of the debtor.
Taking into account the formation of two property masses in the bankruptcy case, funds that can be transferred to a separate account from the activities carried out by the arbitration manager in the debtor's bankruptcy procedure related to the execution of these contracts (challenging transactions on the write-off of funds made in violation of the restrictions established by the Law on Defense Order, recovery of losses from counterparties for the delivery of goods of inadequate quality, etc.), are subject to transfer to a special (special) account for settlements with the creditor, and if there are insufficient funds on the specified account, repayment is made by the bankruptcy trustee, taking into account the priority."
24.11.2023
