Registration of pledge after the introduction of supervision with the pledgor

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According to the appeal and cassation, even if the mortgage agreement was concluded before the bankruptcy procedure of the mortgagor begins, its further registration is unacceptable, since the emergence of a right of pledge by one of the creditors will entail preference.

The lawyer, partner of Tenzor Consulting Group Anton Makeychuk said that in this case the court of cassation confirmed the established legal position that registering a pledge within six months before initiating bankruptcy proceedings or after initiating bankruptcy proceedings entails giving preference to the creditor-pledge holder.

“Despite the fact that the pledge agreements in the case under review were concluded outside the six-month period, the key point in the consideration of such cases is the moment of registration, and not the moment of conclusion of the agreement, because by virtue of the law the pledge (mortgage) arises from the moment of its state registration,” explained the lawyer.

Anton Makeychuk agreed with the legality of the cassation appeal to the plaintiff’s dishonesty. “This is due to the fact that bankruptcy procedures are public-law in nature and should ensure a balance of interests of all persons involved in the bankruptcy case (debtor and creditors), who in most cases have diametrically opposite interests,” he said. According to the lawyer, this goal is achieved precisely by observing the principle of prohibition of abuse of rights.

Source: https://www.advgazeta.ru/novosti/registratsiya-zaloga-posle-vvedeniya-nablyudeniya-u-zalogodatelya-narushaet-prava-ego-kreditorov/

23 August 2019
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