For a long period, the pledge creditor intentionally does not approve the Regulation on the procedure, terms and conditions for the sale of immovable pledged property, thereby delaying bankruptcy proceedings against the debtor
November 07, 2019

In accordance with the provisions of the Federal Law "On Insolvency (Bankruptcy)", the bankruptcy trustee, when introducing a bankruptcy procedure with respect to the debtor, is obliged to take inventory of all the property of the debtor that he identified at the date of the bankruptcy procedure. Further, the bankruptcy trustee places this information on the website of the Unified Federal Register of Bankruptcy Information and assesses the identified property.

In accordance with paragraph 4 of Art. 138 of the Federal Law "On Insolvency (Bankruptcy)", the initial sale price of the pledged property, the procedure and conditions for bidding, the procedure and conditions for ensuring the safety of the pledged property are determined by the bankruptcy creditor, whose claims are secured by the pledge of the property to be sold.

The competitive manager of the company carried out an assessment of the property of the debtor, including the mortgage. The specified information in accordance with Art. 139 of the Federal Law "On Insolvency (Bankruptcy)" was published on the EFRS website.

A letter of approval of the Regulations on the procedure, terms and conditions for the sale of the company's collateral was repeatedly sent to the mortgage lender. The answer from the mortgage lender to the bankruptcy trustee has never failed.

In case of disagreement between the bankruptcy creditor on the obligation secured by the pledge of the debtor's property, and the bankruptcy commissioner or persons involved in the bankruptcy case on the initial sale price, the procedure and terms of the bidding for the sale of the pledged property, of them are entitled to file an application for the resolution of such disagreements to an arbitration court considering a bankruptcy case.

In accordance with Art. 60 of the Federal Law "On Insolvency (Bankruptcy)", the applications and petitions of the arbitration manager, including the disputes arising between him and creditors, are considered in a meeting of the arbitration court.

The bankruptcy commissioner submitted an application to the Moscow Arbitration Court for resolution of disagreements between the bankruptcy commissioner and the pledge creditor.

The Moscow Arbitration Court considered the application of the bankruptcy trustee for resolving disagreements between the bankruptcy trustee and the pledge creditor and, by its Definition, approved the Regulation on the procedure, terms and conditions for the sale of the pledged real estate of the debtor.

Vyacheslav Kolaev
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