RusBankrot
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16/05/2025
Friday
THIS DAY IN HISTORY:
16 May 
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
16 May
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
THE GRADUAL REPAYMENT OF THE LOAN AFFECTS THE LIMITATION PERIOD FOR INCLUSION IN THE REGISTER
The Bank applied to the court for the inclusion of a collateral claim in the debtor's register (case no. A33-12987/20).
The courts of two instances partially satisfied the application, concluding that the claim was filed within the limitation period, that the debt and its size were proven, and that there were no grounds for reducing the amounts of penalties and interest accrued to the debtor. Having established that all essential conditions were agreed upon in the pledge agreement, the pledge was registered in accordance with the established procedure, and the property was in the possession of the debtor, the courts recognized the creditor's claim as secured by a pledge of a residential building and land plot.
Sending the dispute for a new hearing, the district court proceeded from the fact that, recognizing the statute of limitations, the courts proceeded from the loan repayment deadline established by the loan agreement - 11/23/2020 and the fact that the creditor filed its claim with the court on 09/27/2023.
Meanwhile, the courts did not take into account that the loan agreement dated 11/23/2015 provides for repayment of the loan and interest by making monthly payments in accordance with the schedule set out in appendix No. 1 to the agreement.
The limitation period for claims for repayment of borrowed funds, the repayment of which, in accordance with the terms of the agreement, is carried out in periodic payments, is calculated separately for each payment from the moment of its delay.
Since in the contested judicial acts the circumstances related to the beginning of the limitation period, the application of the consequences of omission of which was declared by the debtor, did not receive a proper judicial assessment, and in order to adopt a reasoned and legitimate judicial act, it is necessary to study and evaluate the evidence presented in the case materials, establish all the circumstances relevant to this case.
The courts of two instances partially satisfied the application, concluding that the claim was filed within the limitation period, that the debt and its size were proven, and that there were no grounds for reducing the amounts of penalties and interest accrued to the debtor. Having established that all essential conditions were agreed upon in the pledge agreement, the pledge was registered in accordance with the established procedure, and the property was in the possession of the debtor, the courts recognized the creditor's claim as secured by a pledge of a residential building and land plot.
Sending the dispute for a new hearing, the district court proceeded from the fact that, recognizing the statute of limitations, the courts proceeded from the loan repayment deadline established by the loan agreement - 11/23/2020 and the fact that the creditor filed its claim with the court on 09/27/2023.
Meanwhile, the courts did not take into account that the loan agreement dated 11/23/2015 provides for repayment of the loan and interest by making monthly payments in accordance with the schedule set out in appendix No. 1 to the agreement.
The limitation period for claims for repayment of borrowed funds, the repayment of which, in accordance with the terms of the agreement, is carried out in periodic payments, is calculated separately for each payment from the moment of its delay.
Since in the contested judicial acts the circumstances related to the beginning of the limitation period, the application of the consequences of omission of which was declared by the debtor, did not receive a proper judicial assessment, and in order to adopt a reasoned and legitimate judicial act, it is necessary to study and evaluate the evidence presented in the case materials, establish all the circumstances relevant to this case.
19.12.2024
