VS WILL UNDERSTAND THE "CRYSTALLIZATION" OF THE PLEDGE OF GOODS IN CIRCULATION

In the framework of the bankruptcy case (No. A40-192673/17), a creditor applied to the court with an application for the resolution of disagreements regarding the establishment of the collateral status. A number of loan agreements were concluded between the debtor and the creditor to ensure the fulfillment of obligations under which a contract was concluded for the pledge of goods in circulation – cars of certain brands.

Prior to the initiation of the bankruptcy case, the parties had drawn up several documents: a warranty certificate and certificates in which a number of vehicles were listed with identification data.

Refusing to satisfy the creditor's claims, the courts of three instances pointed out that by this transfer of collateral items, the parties actually "crystallized" the pledge of goods in circulation.

In the appeal filed with the Supreme Court of the Russian Federation, the creditor refers to the fact that, contrary to the conclusions of the courts, the so-called "crystallization" of the pledge could not have occurred either at the time of signing the certificate or at the time of signing the acts.

The court hearing is scheduled for March 9, 2023.

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