The Plenum of the RF Supreme Court of Arbitration has adopted the Decree on certain questions concerning with satisfaction of demands of pledgee at pledger' bankruptcy
The Plenum of the RF Supreme Court of Arbitration has adopted the Decree on certain questions concerning with satisfaction of demands of pledgee at pledger' bankruptcy
In accordance
with questions arisen in court practice concerning to satisfaction
of demands of pledges in proceedings applied in cases about
bankruptcy and in the purposes to secure unified approaches
to application of according provisions of
the Federal Act N 127-FZ "On insolvency (bankruptcy)"
of October 26, 2002 (document is in Russian), the Plenum
of the Supreme Court of Arbitration of the Russian Federation,
be guided by
article 13 of the Federal Constitutional Act "On court
of arbitration of the Russian Federation" (document
is in Russian), in
the Decree N 58 of July 23, 2009 (document is in Russian),
has given the explanations to courts of arbitration.
The Plenum of the Supreme Court of Arbitration of the Russian
Federation has considered questions on fixation and inclusion
to the registry of demands of competitive creditors, which are
secured with pledge of debtor' ownership, on putting amendments
to the registry of creditors demands, on the voting right of
pledge creditors on meeting of creditors. So the Plenum of the
RF Supreme Court of Arbitration has considered the procedure
for sale of pledged ownership.
The Plenum of the RF Supreme Court of Arbitration has adopted the Decree on certain questions of practice of application of the Federal Act "On enforcement proceedings" in the case of initiation of proceedings about bankruptcy
In accordance
with questions arisen in court practice and in the purpose to
secure unified approaches to their settlement, the Plenum of
the Supreme Court of Arbitration of the Russian Federation,
on the grounds of
article 13 of the Federal Constitutional Act "On courts
of arbitration in the Russian Federation" (document
is in Russian), by
the Decree N 59 of July 23, 2009 (document is in Russian),
has given the explanations to courts of arbitration about questions
of application of the Federal Act "On enforcement proceedings"
(document is in Russian) in the case of initiation of proceedings
about bankruptcy.
The Plenum of the RF Supreme Court of
Arbitration has considered questions of application of
clause 1 of article 63 and
clause 1 of article 126 of the Federal Act "On insolvency
(bankruptcy)" (document is in Russian). So there are
considered disputes about application of sanctions to banks
for improper made transactions on debtor' account, disputes
about application of measures to secure creditors demands and
debtor' interests. So the Plenum of the RF Supreme Court of
Arbitration has specified that in accordance with
part 1 of article 96 of the Act on enforcement proceedings
at carrying out procedures of observance, financial rehabilitation
or external management, execution of executive documents shall
not be suspended under demands on collection of debt on salary,
payment of remuneration to authors of intellectual activity
results, on reclamation of property from unlawful possession
by other persons, on compensation of harm made to life or health,
compensation of moral harm, and on collection of debt on current
payments.
