RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR
As part of the bankruptcy case of a citizen, the courts considered the issue of including the bank's claim in the debtor's register (case No. A22-228/21).
The debtor acted as a guarantor for the loan obligations of the company (borrower), which was subsequently declared bankrupt. Subsequently, the guarantor was held vicariously liable for the obligations of the borrower, and the bank disposed of its claim by selling it to a citizen.
The guarantor was also declared bankrupt, and the citizen's claims were included in the register.
The Bank, believing that the assignment of the claim to hold the debtor vicariously liable for the obligations of the company does not entail the termination of his rights to recover funds from the guarantor on the basis of surety agreements, also applied to the court for inclusion in the register.
Following the results of the new review, the courts of three instances included the bank's claims in the 3rd place of the register, pointing out that the obligations arising from the guarantee agreement and from the fact of harm, although they are solidary, however, have a different legal nature, which, in turn, makes it possible to file claims against the debtor on each of the grounds. Based on this, the courts concluded that the bank's claims from the guarantee agreements are justified and should be included in the register.
The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights to a citizen, security rights under surety agreements were transferred to him.
The Bank announced the inclusion of an already assigned claim in the register, which leads to a double recovery in favor of two different creditors for the same obligations.
The debtor acted as a guarantor for the loan obligations of the company (borrower), which was subsequently declared bankrupt. Subsequently, the guarantor was held vicariously liable for the obligations of the borrower, and the bank disposed of its claim by selling it to a citizen.
The guarantor was also declared bankrupt, and the citizen's claims were included in the register.
The Bank, believing that the assignment of the claim to hold the debtor vicariously liable for the obligations of the company does not entail the termination of his rights to recover funds from the guarantor on the basis of surety agreements, also applied to the court for inclusion in the register.
Following the results of the new review, the courts of three instances included the bank's claims in the 3rd place of the register, pointing out that the obligations arising from the guarantee agreement and from the fact of harm, although they are solidary, however, have a different legal nature, which, in turn, makes it possible to file claims against the debtor on each of the grounds. Based on this, the courts concluded that the bank's claims from the guarantee agreements are justified and should be included in the register.
The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights to a citizen, security rights under surety agreements were transferred to him.
The Bank announced the inclusion of an already assigned claim in the register, which leads to a double recovery in favor of two different creditors for the same obligations.
31.05.2024
