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THE PLEDGE DOES NOT HARM CHILDREN

The manager appealed to the court with an application to challenge the real estate pledge agreement (case no. A45-33417/21). The court of first instance refused to satisfy the application, without identifying the circumstances that adversely affected the rights of the debtor's minor children as a result of the conclusion of the disputed transaction. The appeal satisfied the application, referring to the fact that failure to fulfill the obligation to register an apartment in the shared ownership of family members of ...

THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

Due to the proceeds from the sale of the debtor's mortgaged property, taxes on such assets are repaid from the moment the mortgaged ... ... began to benefit from its status. This can happen both at the very beginning of the bankruptcy case and at the observation stage, the Supreme Court determined. Such approaches... ... bank's unfair behavior is not proven, as well as the loss of the economic meaning of the pledge, property taxes and penalties are repaid from the proceeds of the pledged property...

THE DEBTOR MAY REDUCE THE AMOUNT OF OWNERSHIP. IT WON'T AFFECT THE BAIL

In the framework of the bankruptcy case of a citizen (No. A13-10826/22), the company applied to the court with an application to establish a claim as secured by a pledge of the debtor's immovable property. The application was granted in full by the court of first instance, since, as the court indicated, the fact of the debt was confirmed, as well as the fact of the preservation of the pledge. The appeal did not agree with ...

THE CASSATION RESOLVED THE DIFFERENCES REGARDING THE SENIORITY OF THE PLEDGES OF GOODS IN CIRCULATION

... the seniority of its collateral relative to the collateral of another bank, in view of which the funds from the sale of the debtor's property were subject to be sent to repay its claims until they were fully repaid, and the remainder was to be sent to ... ... establishing the proportionality of the distribution of proceeds, due to the fact that, in their opinion, the crystallization of the pledge of goods in circulation levels the seniority of the pledges. The district Court sent the dispute for a new consideration,...

Supreme Court of the Russian Federation resolved the dispute with the recovery of debt on bail

The Economic Board considered a case in which the bank demanded that the debt arising from the pledge agreement be included in the register of creditors’ claims. At the same time, the fact of non-payment and the existence of an obligation were previously recorded by a judicial act. The creditor's application was satisfied by the court of first ...

THE SUPREME COURT WILL LOOK INTO THE REMUNERATION OF THE MANAGER WHEN SELLING THE COLLATERAL

In the framework of the debtor's bankruptcy case (No. A56-137087/19), the manager appealed to the court with an application to establish a percentage fee in connection with the sale of the collateral. The courts of three instances partially satisfied the application, setting a percentage ...

THE SPECIFICS OF CHALLENGING THE PREFERENTIAL SATISFACTION OF CLAIMS WITH THE SENIORITY OF COLLATERAL

As part of the bankruptcy case of a citizen, the bank appealed to the court with an application for the recovery of funds from the Rosvoenipoteka to the bankruptcy estate of the debtor with subsequent redistribution in favor of the pledgee (case No. A56-90497/21). The courts of two instances satisfied the application, guided by the fact that the collateral (apartment) was sold at auction, and the proceeds were used to repay the claims of the subsequent creditor (Rosvoenipothek)....

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 ... ... 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... ... 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...

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 ... ... 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 ...

SEPARATE CONDITIONS ARE REQUIRED FOR THE JUDICIAL PROCEDURE OF FORECLOSURE ON THE SUBJECT OF COLLATERAL

The plaintiff (the pledgee) appealed to the court with a demand to the defendant to foreclose on the subject of the pledge by transferring it to ... ... which the defendant pledged real estate. The courts of three instances satisfied the claim, referring to the fact that the debt under the loan agreement was not repaid by the defendant. The Supreme Court of the Russian Federation sent the dispute for ...

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