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THE SUPREME COURT CONFIRMED THE RIGHT OF THE MORTGAGED CREDITOR TO REPAY THE MORATORIUM INTEREST

... regarding the distribution of proceeds for the repayment of moratorial interest in favor of the mortgaged creditor, as well as penalties. The courts of three instances supported the position of the manager and referred to the fact that the payment of moratorium interest on the claims of the secured creditor with an outstanding register significantly violates the property interests of the remaining five (non-secured) creditors. The Supreme Court of the Russian Federation did not share this approach ...

The Supreme Court of Russia considered the issue of the distribution of moratorium interest

The highest court considered the case on the complaint of one of the creditors of the debtor (an individual). The applicant was dissatisfied with the ruling issued by the district court, which established the procedure for the distribution of the moratorium interest of the secured creditor. The Supreme Court of Russia considered the applicant's arguments convincing and canceled the contested judicial act. The question concerned the procedure for establishing, as well as distribution of the ...

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