The armed forces allowed the banks to abandon the mortgaged property, when the requirements listed in the roster of creditors. After that, the Bank will have the opportunity to strengthen their own influence on the bankruptcy of the borrower.
The Supreme Court’s determination was made after years of litigation between Uniastrum Bank and OOO “holding company “Gamma”. The dispute centered on a loan for 793,4 million rubles, issued by the Bank in 2010 as Collateral for this loan was represented by the property in the amount of 550 million rubles In 2013, the company “Gamma” went bankrupt. Bank their demands in the amount of 1.1 billion rubles was included in the 3rd phase of the register of creditors.
In 2015, the Bank decided to withdraw partially from its rights on the collateral and filed a lawsuit to the court. The essence of the claim was to ensure that the change made to the registry requirements and will set 264 million RUB as unsecured. According to the results of the lawsuit in 3 instances the claims have been satisfied. The lender really has the right voluntarily to waive the requirements fully or partially. This Supreme Court decision will be a guide to action for all banks when considering such disputes.
