RusBankrot
We know everything about bankruptcy
02/05/2024
Thursday
THIS DAY IN HISTORY:
2 May 
1955 The caste-based discrimination was prohibited in India.
1955 The caste-based discrimination was prohibited in India.
1703 The first Russian gymnasium was founded in Moscow.
1703 The first Russian gymnasium was founded in Moscow.
1509 The Spaniards founded the city of San Juan, now Puerto Rico.
1509 The Spaniards founded the city of San Juan, now Puerto Rico.
2 May
1955 The caste-based discrimination was prohibited in India.
1955 The caste-based discrimination was prohibited in India.
1703 The first Russian gymnasium was founded in Moscow.
1703 The first Russian gymnasium was founded in Moscow.
1509 The Spaniards founded the city of San Juan, now Puerto Rico.
1509 The Spaniards founded the city of San Juan, now Puerto Rico.
UNJUSTIFIED CONTESTING OF TRANSACTIONS SHOULD NOT VIOLATE THE SENIORITY OF COLLATERAL
The creditor in court demanded to include in the relevant register its claim arising from loan agreements as secured by a pledge of residential premises. At the same time, the arbitration manager appealed to the court with a counter-statement challenging these transactions (loan and pledge agreements) and applying the consequences of invalidity to them.
The position of the first and cassation instances
The first instance and the district court granted the manager's application.
The Court of First instance rejected the prejudicial nature of judicial acts of courts of general jurisdiction, and came to the conclusion about the imaginary civil relations on which the creditor's claims were based.
The District Court rejected the position of the Court of Appeal, fully agreeing with the court of first instance and recognizing its conclusions as justified.
The position of the appellate instance
The Court of Appeal partially satisfied the creditor's claims.
The appeal refuted the argument of the court of first instance about the absence of the prejudicial value of judicial acts of courts of general jurisdiction, noting that when considering the case on debt collection to the above loan agreements, the courts have already considered and rejected similar arguments of a third party (Ruling on transfer of 24.10.2023 in case no. A40-63802/2021 (305-ES23-14130). This excludes their reconsideration.
Grounds for transfer
The creditor in his complaint stated that he had provided proper confirmation of the reality of his claim against the debtor. They are based on judicial acts that have entered into legal force, which were adopted with the direct participation of the same persons who gave the same arguments on the same subject.
In the applicant's opinion, the debtor's obligations to him arose earlier than the obligations to other creditors in the absence of a property crisis in the debtor, which excludes the harm to creditors by these transactions and the presence of the applicant's abuse of the right, as well as the legitimate interest in challenging them.
The creditor stated that the cassation went beyond its powers, establishing the affiliation of the creditor and the debtor, the arguments of which the appeal rejected, and the first instance did not even consider.
The position of the first and cassation instances
The first instance and the district court granted the manager's application.The Court of First instance rejected the prejudicial nature of judicial acts of courts of general jurisdiction, and came to the conclusion about the imaginary civil relations on which the creditor's claims were based.
The District Court rejected the position of the Court of Appeal, fully agreeing with the court of first instance and recognizing its conclusions as justified.
The position of the appellate instance
The Court of Appeal partially satisfied the creditor's claims.The appeal refuted the argument of the court of first instance about the absence of the prejudicial value of judicial acts of courts of general jurisdiction, noting that when considering the case on debt collection to the above loan agreements, the courts have already considered and rejected similar arguments of a third party (Ruling on transfer of 24.10.2023 in case no. A40-63802/2021 (305-ES23-14130). This excludes their reconsideration.
Grounds for transfer
The creditor in his complaint stated that he had provided proper confirmation of the reality of his claim against the debtor. They are based on judicial acts that have entered into legal force, which were adopted with the direct participation of the same persons who gave the same arguments on the same subject.In the applicant's opinion, the debtor's obligations to him arose earlier than the obligations to other creditors in the absence of a property crisis in the debtor, which excludes the harm to creditors by these transactions and the presence of the applicant's abuse of the right, as well as the legitimate interest in challenging them.
The creditor stated that the cassation went beyond its powers, establishing the affiliation of the creditor and the debtor, the arguments of which the appeal rejected, and the first instance did not even consider.
21.11.2023
