Publication date: 06.06.2024
lawyer, 23 years of experience in enforcement.
Today, it is customary to issue a loan for an enterprise. However, this is increasingly common: the debt is lost when the debtor is declared bankrupt. Does bankruptcy release debtors from the obligation to pay the loan? Does the bank have the right to foreclose on the debtor's property if the payments were secured by this property?
Such financial status of the debtor as insolvent is necessary for declaring bankruptcy. When neither the rehabilitation agreement nor the settlement agreement can save the situation, it is time for a judicial resolution of the issue. It is important to recognize that the bankruptcy of debtors does not release them from the payment of monetary obligations related to their debts, such as the value of goods, labor and services, the amount of credit and loans, including interest, which they still have to pay.
The debt is still payable, and the debtor's bankruptcy does not relieve the debtor of monetary obligations related to the debt, such as the cost of goods, labor and services, and interest on the debt. In case of bankruptcy, the debtor's monetary obligations do not include interest and fines related to the date of filing the application with the commercial court, as well as obligations arising from harm to life and health of citizens. , obligations to the founders (participants) of the debtor - a legal entity that arose as a result of this participation.
After the debt is officially recognized as bankrupt in court, the bank immediately stops charging penalties and interest.
As for the monetary obligation, it is determined by the date of submission of the application to the court on initiation of the bankruptcy case. The bankruptcy process is initiated by the debt or creditor. The dispute regarding the amount and method of collection of the debtor's monetary obligations shall be resolved in court. Bankruptcy cases are decided by the commercial court according to the rules defined by the Law on the restoration of the debtor's solvency or his banking activities.
Note that Article 1 of the Bankruptcy Law divides creditors into two groups. In particular, creditors who have financial claims against the debtor do not depend on collateral, that is, bankruptcy, and those creditors whose financial claims are secured by property are considered secured. That is, if the loan was granted by a bank that was secured by collateral, then the bank was considered a secured creditor, and if no collateral was provided, then the bank would be included in the bankruptcy debtors.
It is important to note that the repayment of secured creditors' claims at the expense of the bankrupt's property, which is the subject of security, is carried out on an extraordinary basis. It should be noted that the property that was mortgaged to the bank is not part of the mass liquidation. Funds received from the sale of this property are directed only to the repayment of loans from the bank or secured creditor.
Creditors of the same name who declared their claims recognized before the official announcement of the bankruptcy case submit written statements to the court outlining their demands against the debtor within 30 days from the date of the official announcement of bankruptcy. In addition, secured creditors must file a monetary claim against the debt during bankruptcy proceedings for the portion of the debt that is not secured, or if they refuse to provide security, that portion of the debt is considered delinquent. The property manager processes the debtors' claims as secured by the pledge of their property, in accordance with the applications submitted by them. If there are no use, requirements for the register, they are entered in accordance with the debtor's financial statements.
Other creditors have a limited period of three days to submit an application for recognition of the validity of monetary claims. After the expiration of 30 days from the moment of the official declaration of bankruptcy, the court denied the creditor the satisfaction of the claim.
From the moment of initiation of the bankruptcy case, the monetary claims of the banks are satisfied regardless of the bankruptcy status or the indebtedness of the bank. This can only happen in bankruptcy.
It is in the court process that the question of the procedure and procedure for meeting the demands of creditors, including the demands of the bank, is decided. As a result, according to the Bankruptcy Law, the obligation to consider monetary claims and conduct a legal analysis of the written evidence provided by the creditor, the nature and composition of these claims, as well as the duty to calculate the size and duration of these claims. monetary claims were referred to the commercial court.
Regarding confirmation of the legality of creditors' claims, the legality of debtors' objections, these issues are resolved in a pre-trial hearing. In the first court session, the creditors' claims themselves, including those against which the debtor objected, are considered.
We inform you that the demand for the collection of a fine cannot be considered part of the current demands of the debtor or the moratorium on such appeals does not apply to the situation, since the penalty and interest associated with filing an application with the court to start a bankruptcy case are not part of the monetary obligation the debtor
After the end of the court session (according to the procedure of destruction of the debtor's assets), the transition to the next procedure begins - rehabilitation, liquidation or settlement agreement - or the case is closed.
Specialists of the legal service "Consultant" will provide legal services for business and help in such matters as preparation of a claim to a debtor, preparation of the contract, contract preparation , counterparty verification, claim to the debtor, demand to the debtor, and support at all necessary stages to resolve the relevant issue.
