RusBankrot
We know everything about bankruptcy
04/01/2025
Saturday
THIS DAY IN HISTORY:
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
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
THE SPECIFICS OF CALCULATING INTEREST ON MICROLOANS WHEN INCLUDED IN THE REGISTER
As part of the bankruptcy case of a citizen, the company applied to the court for the inclusion of a claim in the debtor's register (case no. A72-8021/23).
Satisfying the application in full, the courts of two instances proceeded from the fact that the claim was confirmed by a judicial act, and its size was justified.
The cassation sent the dispute for reconsideration, based on the following:
"Regardless of the date of conclusion of the contract, the collection of increased interest is possible only for the duration of the loan agreement. In the rest of the period, the amount of interest charged for using the loan is subject to calculation based on the weighted average interest rate calculated by the Bank of Russia on loans provided by credit organizations to individuals in rubles for a period of more than one year, as of the date of conclusion of the microloan agreement. A different interpretation contradicts the essence of the legislative regulation of microloan agreements.
Accordingly, the arguments of the financial manager on the application of the above legal position are justified in relation to the calculation of interest on a loan for another period not recovered by a court of general jurisdiction.
By itself, the calculation of interest for the use of a loan made by a court of general jurisdiction using a mechanism determined by it has no prejudicial significance for the consideration of this dispute on the recovery of interest for another period."
Satisfying the application in full, the courts of two instances proceeded from the fact that the claim was confirmed by a judicial act, and its size was justified.
The cassation sent the dispute for reconsideration, based on the following:
"Regardless of the date of conclusion of the contract, the collection of increased interest is possible only for the duration of the loan agreement. In the rest of the period, the amount of interest charged for using the loan is subject to calculation based on the weighted average interest rate calculated by the Bank of Russia on loans provided by credit organizations to individuals in rubles for a period of more than one year, as of the date of conclusion of the microloan agreement. A different interpretation contradicts the essence of the legislative regulation of microloan agreements.
Accordingly, the arguments of the financial manager on the application of the above legal position are justified in relation to the calculation of interest on a loan for another period not recovered by a court of general jurisdiction.
By itself, the calculation of interest for the use of a loan made by a court of general jurisdiction using a mechanism determined by it has no prejudicial significance for the consideration of this dispute on the recovery of interest for another period."
19.04.2024
