RusBankrot
We know everything about bankruptcy
01/01/2025
Wednesday
THIS DAY IN HISTORY:
1 January 
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
1 January
2021 Gregorian calendar New Year.
2020 Gregorian calendar New Year
1998 Denomination was held in Russia - a copeck was put into circulation again.
1998 Denomination was held in Russia - a penny was put into circulation again
1935 Surnames were introduced instead of titles in Turkey.
1935 Surnames were introduced instead of titles in Turkey in 1935
THE LOSS OF THE COLLATERAL DOES NOT TERMINATE THE SECURITY
As part of the bankruptcy case of the inheritance estate, the bank applied to the court for the inclusion of a collateral claim in the register (case no. A72-1859/21).
The courts of two instances partially satisfied the application, based on the presence of an outstanding amount of debt, and concluded that the requirements regarding the inclusion of claims in the register of creditors' claims in the declared amount are justified and subject to inclusion in the register of creditors' claims of the debtor in the third stage, refusing to establish the collateral status.
The cassation annulled judicial acts, establishing the collateral status, since the principle of elasticity of collateral implies the right of the pledgee to satisfy his claims not only by directly selling the collateral itself, but also at the expense of the monetary equivalent of this collateral (due to the possibility of converting the thing provided as collateral into its value).
In the present case, the court noted, the transaction on the transfer of the mortgaged car to another person was declared invalid by the court, and in the absence of evidence of the death of the mortgaged property, the fact of the foreclosure of the mortgaged property itself does not indicate the termination of the relevant rights of the pledgee (elasticity of the pledge). Thus, instead of a car as collateral, it was replaced with a monetary equivalent, but the pledge did not lose its force.
The courts of two instances partially satisfied the application, based on the presence of an outstanding amount of debt, and concluded that the requirements regarding the inclusion of claims in the register of creditors' claims in the declared amount are justified and subject to inclusion in the register of creditors' claims of the debtor in the third stage, refusing to establish the collateral status.
The cassation annulled judicial acts, establishing the collateral status, since the principle of elasticity of collateral implies the right of the pledgee to satisfy his claims not only by directly selling the collateral itself, but also at the expense of the monetary equivalent of this collateral (due to the possibility of converting the thing provided as collateral into its value).
In the present case, the court noted, the transaction on the transfer of the mortgaged car to another person was declared invalid by the court, and in the absence of evidence of the death of the mortgaged property, the fact of the foreclosure of the mortgaged property itself does not indicate the termination of the relevant rights of the pledgee (elasticity of the pledge). Thus, instead of a car as collateral, it was replaced with a monetary equivalent, but the pledge did not lose its force.
28.05.2024
