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Federal Arbitration Courts of the Russian Federation. Federal Arbitration Courts of the Russian Federation ST 63 FZ on Bankruptcy

Alimony
25.05.2020

Federal Law of 26.10.2002 N 127-FZ "On Insolvency (Bankruptcy)":

Article 63. The consequences of the arbitration court of determining the introduction of observation

1. From the date of the arbitration court, the determination of the introduction of observation comes the following consequences:

requirements of creditors on monetary obligations and payment mandatory payments, with the exception of current payments, can be presented to the debtor only in compliance with the procedure established by this Federal Law, the procedure for presenting the requirements for the debtor;

at the request of the creditor, proceeds on cases associated with recovery from the debtor money. In this case, the lender has the right to present his demand for the debtor in the manner established by this Federal Law;

2. In order to ensure the offensive provided for clause 1 this article The consequences of the definition of the Arbitration Court on the introduction of observation is sent by the Arbitration Court in credit organizationswith which the debtor has a bank account agreement, as well as in court general jurisdictionThe main thing bailiff At the location of the debtor and its branches and representative offices, to the authorized bodies.

3. To participate in the bankruptcy case, the deadline for the fulfillment of the obligations arising before the adoption of the arbitration court on the recognition of the debtor bankrupt is considered to come. Lenders have the right to present the requirements for the debtor in the manner prescribed by this Federal Law.

Comments on Article 63 of the Law on Bankruptcy, Judicial Practice of Application

Clarification of the Plenum of the Russian Federation, the Armed Forces of the Russian Federation:

If the proceedings on the bankruptcy case subsequently discontinued, except for the approval of the settlement agreement, which considers the lawsuit on its initiative or at the request of any person participating in the case, renewing the proceedings and continues the consideration of the claim, while if the claimant's claim was declared The bankruptcy case, which considers the lawsuit, the court must take into account that established by judicial acts in the case of bankruptcy circumstances (including the presence or absence of the claimant requirement for the debtor) are not subject to proof again (part 2 of Article 69 of the APC RF).

If the bankruptcy case is discontinued in connection with the statement of the settlement agreement, but the claimant's requirement was not established when considering a bankruptcy case, the court examining the law on its initiative or at the request of any person participating in the case renewing the proceedings and continues the consideration of the claim. If, in this situation, the claimant's requirement was established in bankruptcy case, the court examining the lawsuit on its own initiative or at the request of any person participating in the case renews the proceedings and ceases production according to it in relation to clause 2 of Part 1 of Article 150 of the APC RF.

Availability of claims - the basis for leaving the court considering the bankruptcy case, the claims of the lender without consideration

The presence of unresolved and inexpeded claims at the request of the creditor declared in bankruptcy is the basis for leaving the court considering bankruptcy case, such a requirement without consideration in relation to clause 1 of Part 1 of Article 148 of the APC RF, with the exception of the case when the lender filed in This is the claim for the suspension or termination of the proceedings.

However, if it becomes known about the presence of such claims after making a bankruptcy case by the court of determining the inclusion or refusal to inclusion in the registry, but before the court decide on the court on claim, the title circumstance is not a reason for the cancellation of the case under The bankruptcy of the definition is, in this case, the court examining the court suspends the proceedings in the case or leaves a claim without consideration, taking into account the clarification contained in paragraph 28 of this Resolution.

If the definition of the requirement for bankruptcy requirement is also made and the court decision within the framework of the claim, in the event of the contradiction of these judicial acts, the Court of Bankruptcy is guided by the judicial act as part of the bankruptcy case.

Appeal by one lender judicial act On the establishment of the requirement of another creditor

Since the Court of Lender's claim is entitled to participate any other lender, whose requirement for this moment is adopted by the court, as well as because of Article 63 of the Bankruptcy Law, all creditors on monetary obligations and obligatory payments, the requirements of which arose before the Bankruptcy Card, may declare Its requirements are already in the observation procedure, when appealing by one lender, the judicial act on establishing the requirement of another should be considered the following.

Representation of such a lender in court appeals instance An additional evidence that was not considered by the court of first instance is possible only if it justifies the impossibility of their submission to the court of first instance for reasons that do not depend on it (part 2 of Article 268 of the APC RF), while the reasons mentioned does not relate by itself Inspected by their requirement in the observation procedure or during the other procedure until the requirement of the requirement of another creditor. The term for the appeal and cassation appeal to such a lender of the judicial act to establish the requirement of another creditor is calculated for it general rules; Inspection by them in the procedure of observation or during a different procedure until consideration of the requirement of another creditor in itself is not a sufficient basis for restoring the term missing (part 2 of Article 259 and Part 2 of Article 276 of the APC RF). These explanations are also applied when appealing by creditors of any other judicial acts in the bankruptcy case, adopted after the expiration of the term for the application by creditors of their claims in the observation procedure, including the requirements made by the court before inclusion in the register of this creditor.

In addition, since each participating in the bankruptcy case is entitled to participate in the consideration of a complaint of any other person participating in the case (inaction) of the arbitration manager, if during the consideration by the court such a complaint of one person comes to the court of another person to the same Actions (inaction) on the same basis, the Court combines these complaints for joint consideration (Part 2 and 2.1 of Article 130 of the APC RF). Upon the admission of a new complaint for the same actions (inaction) on the same basis after the adoption of a judicial act on the merits to satisfy the first complaint or refusing to satisfy it, the court stops production under the new complaint with reference to paragraph 2 of Part 1

1. From the date of the arbitration court, the determination of the introduction of observation comes the following consequences:

the requirements of creditors on monetary obligations and the payment of obligatory payments, with the exception of current payments, can be brought to the debtor only in compliance with the procedure established by this Federal Law, the procedure for presenting requirements for the debtor;

(as amended. Federal Law from 19.07.2009 N 195-FZ)

according to the petition of the lender, proceedings are suspended in charge of money from the debtor. In this case, the lender has the right to present his demand for the debtor in the manner established by this Federal Law;

the execution is suspended executive documents by property Development, including the arrests on the debtor's property and other restrictions in terms of disposal of the debtor property imposed during executive proceedings, with the exception of executive documents issued on the basis of entered into force to the date of the introduction of judicial acts on the recovery of debt wages, payment of remuneration to authors of the results of intellectual activity, about the recovery of property from someone else's illegal ownership, compensation for harm caused to life or health, on compensation for compensation for compensation for harm. The basis for suspension of execution of executive documents is to determine the Arbitration Court on the introduction of observation;

(as amended by federal laws of 18.12.2006 N 231-FZ, from 11/28/2011 N 337-FZ, from 29.06.2015 N 186-ФЗ)

the requirements of the founder (participant) of the debtor on the separation of the share (share) in the property of the debtor in connection with the release of its founders (participants), redemption or acquiring a debtor of placed shares or paying the actual value of the share (share);

(as amended by Federal Law of December 30, 2008 N 296-FZ)

paragraph has lost strength. - Federal Law of December 30, 2008 N 296-FZ;

no cessation is allowed monetary obligations The debtor by testing the oncoming homogeneous requirement if this federal law is violated by paragraph 4 of Article 134 of this Federal Law, the order of satisfying creditors' claims. With regard to the obligations arising from financial contracts, the size of which is determined in the manner provided for in Article 4.1 of this Federal Law, the specified ban apply only in terms of the termination of the debtor's net commitment;

(as amended by Federal Law of 07.02.2011 N 8-FZ)

it is not allowed to withdraw the owner of the property of the debtor - a unitary enterprise owned by the debtor of the property;

the payment of dividends, income for shares (PAYAM), as well as the distribution of profits between the founders (participants) of the debtor;

(paragraph introduced by the Federal Law of December 30, 2008 N 296-FZ)

nonstands (fines, penalties) and other financial sanctions for failure or improper execution Monetary obligations and mandatory payments, with the exception of current payments.

(paragraph introduced by federal law of 29.12.2014 N 482-FZ)

2. In order to ensure the onset of clause 1 of this article of consequences, the definition of the Arbitration Court on the introduction of observation is sent by the Arbitration Court to the credit institutions with which the debtor has a bank account agreement, as well as to the court of general jurisdiction, the main bailiff at the location of the debtor and its branches and representative offices in authorized bodies.

3. To participate in the bankruptcy case, the deadline for the fulfillment of the obligations arising before the adoption of the arbitration court on the recognition of the debtor bankrupt is considered to come. Lenders have the right to present the requirements for the debtor in the manner prescribed by this Federal Law.

(p. 3 introduced by federal law of 30.12.2008 N 296-FZ)

4. The amount of the requirements of the competitive lender, the authorized body in the amount established in accordance with Article 4 of this Federal Law at the date of the introduction of observation, from the date of the introduction of observation to the date of the introduction of the following procedure used in the bankruptcy case, interest is accrued in the amount of refinancing rate, Installed by the Central Bank of the Russian Federation at the date of the introduction of observation.

These interest over the observation period are not included in the register of creditors' claims and are not taken into account when determining the number of votes belonging to the creditor at the creditors meetings.

In the case of the creditor of the claims to the debtor during financial rehabilitation, external control, competitive production In determining in accordance with paragraph 1 of Article 4 of this Federal Law, its requirement of interest is determined as a state at the date of the introduction of observation.

(Section 4 introduced by Federal Law of 29.12.2014 N 482-FZ)

5. In the case of termination of the proceedings on the basis of a bankruptcy case under paragraph, the seventh paragraph 1 of Article 57 of this Federal Law (including as a result of the debtor of all the requirements of creditors included in the register of creditors' claims, in the course of observing or repaying such requirements during of any procedure used in bankruptcy case, a third party in accordance with the procedure established by Article 113 or 125 of this Federal Law), the lender has the right to give the debtor to the claim for the recovery of the remaining interest in the amount established by the Central Bank of the Russian Federation at the date of the introduction of observation of the refinancing rate, which were charged for The period of procedures applied in bankruptcy business, according to the rules of this Federal Law, in the manner prescribed by procedural legislation.

(clause 5 introduced by Federal Law of 29.12.2014 N 482-FZ)

6. If, when considering a bankruptcy case, the court during any procedure applied in bankruptcy case will establish that the debtor or lender, which is an interested person, appealed with a statement about the recognition of the debtor bankrupt and at the same time personal persons They knew that the debtor was solvent and pursues the goal of unreasonable wrongful receiving benefits from the introduction of procedures applied in bankruptcy business, the court is entitled to terminate the proceedings on the bankruptcy case, provided that the debtor continues to remain solvent and this corresponds to the interests of the lender.

In this case, the debtor is obliged to pay interest subject to the accrual under the conditions of the obligation, for the period of procedures applied in bankruptcy. If these circumstances are established by the court under the termination of the bankruptcy proceedings on another basis, the court also has the right to specify a debtor in determining that the debtor's obligation to pay for the period of bankruptcy proceedings to be charged under the terms of the obligations of interest.

Question: Is a negligible transaction that disturbances the ban installed by an ABZ. 7 p. 1 Art. 63 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)"?
Answer: According to paragraph 1 of Art. 166. Civil Code RF Transaction is invalid on the grounds established by the Civil Code of the Russian Federation, due to the recognition of its court (challenging transaction) or regardless of such recognition (insignificant transaction).
By virtue of Art. 168 of the Civil Code of the Russian Federation The deal that does not comply with the requirements of the law or other legal acts is negligible if the law does not establish that such an arbitrary deal or does not provide for other impacts of violations.
Article 411 of the Civil Code of the Russian Federation stipulates that it is not allowed to test requirements in cases provided for by law or contract.
In accordance with para. 7 p. 1 Art. 63 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)" (hereinafter - the law N 127-ФЗ) from the date of the arbitration court of determining the introduction of observation occurs such a consequence as a prohibition of termination of the debtor's monetary obligations by credit the oncoming homogeneous Requirements, if this violates the established paragraph 4 of Art. 134 Law N 127-ФЗ Priority to meet creditors' claims.
According to paragraph 4 of Art. 134 of the law N 127-ФЗ creditors' claims are satisfied in the following sequence:
First of all, calculations for the requirements of citizens, in front of which the debtor is responsible for causing harm to life or health, by capitalizing the relevant time-based payments, as well as compensation moral harm;
Secondaries, settlements are made to pay output benefits and remuneration of persons working or working under the employment contract, and to pay remuneration to authors of intellectual activities;
In the third place, settlements are made with other creditors.
After calculations with the creditors of the third stage, calculations are made with creditors to meet the requirements for the transaction recognized by invalid on the basis of paragraph 2 of Art. 61.2 and paragraph 3 of Art. 61.3 of the law N 127-FZ.
Requirements of creditors for obligations, secured by the collateral of the property of the debtor, are satisfied at the expense of the value of the pledge of the pledge in the manner prescribed by Art. 138 of the law N 127-FZ.
Earlier in judicial practice there was a point of view, according to which the transaction that disrupts the ban established by para. 7 p. 1 Art. 63 of the law N 127-FZ is insignificant. Thus, the PAS of the Central District in the decision of 19.11.2007 N A48-1139 / 07-9 came to the conclusion that the given norm of Art. 168 of the Civil Code of the Russian Federation applies to all cases of inconsistency between the provisions of the legislation, including the provisions of Art. 63, p. 4 tbsp. 134 of the law N 127-FZ.
However, the Presidium of the Russian Federation in the information letter dated 14.04.2009 N 129 "On some issues of the practice of applying the arbitration courts of the provisions of paragraph of the second paragraph 1 of Article 66 of the Federal Law" On Insolvency (Bankruptcy) "explained that the consensus are, in particular, transactions that violate the ban established by paragraph 7 of paragraph 1 of article 63 of the law N 127-FZ, the debtor's statements or the lender on the termination of the debtor's monetary obligation by testing the oncoming homogeneous requirement if the established paragraph 4 of Article 134 of the law N 127-ФЗ is satisfied Creditors' requirements.
At the same time, the position of the Presidium of the Russian Federation is already guided by the lower arbitration courts (see, for example, the decision of the seventeenth arbitration court of Appeal of 15.06.2009 N 17aP-4300/2009-GK).
Consequently, the point of view previously existed in judicial practice after the release of the specified information letter is not subject to use.
Thus, a transaction that breaks the ban installed by an ABZ. 7 p. 1 Art. 63 of the law N 127-FZ is not insignificant. This transaction is an arbitrary.
L.L.Gorskova
Center for Methodology accounting
and taxation
25.09.2009


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paragraph has lost strength. - Federal Law of December 30, 2008 No. 296-FZ;

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Judicial practice under Art. 63.

Examining and assessing in the manner provided for in Article 71 of Arbitration procedure Code The Russian Federation submitted by the parties to evidence, guided by Articles 4, 90, 91 of the Arbitration Procedure Code of the Russian Federation, Article 347 of the Civil Code of the Russian Federation, Articles 2, 18.1, 46, 63 of the Federal Law No. 127-FZ "On Insolvency (Bankruptcy ) ".

On Amendments to the Federal Law "On Insolvency (Bankruptcy)" and the Code of the Russian Federation on Administrative Offenses.

On some issues of applications by the courts of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on Ordering Production.

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On some issues related to the management of bank accounts by bank accounts in bankruptcy procedures.

When determining the territorial jurisdiction of the case administrative offenseprovided for in Part 3 of Art. 14.1.2 The Administrative Code of the Russian Federation and expressed in the implementation of the air transportation of activities related to the transport of passengers by air transport, with violation of the conditions provided for by the license, it is necessary to proceed from the location of the legal entity defined in accordance with Art. 54 of the Civil Code of the Russian Federation.

The return of the protocol on the administrative offense is possible only in the preparation of a case for judicial review and is not allowed when considering the case on an administrative offense on the merits, since Part 2 of Art. 29.9 The Administrative Code of the Russian Federation does not provide for the possibility of determining the return of the Protocol on the results of the consideration of the case on the merits.

Article 63. The consequences of the arbitration court of determining the introduction of observation

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1. From the date of the arbitration court, the determination of the introduction of observation comes the following consequences:

the requirements of creditors on monetary obligations and the payment of obligatory payments, with the exception of current payments, can be brought to the debtor only in compliance with the procedure established by this Federal Law, the procedure for presenting requirements for the debtor;

according to the petition of the lender, proceedings are suspended in charge of money from the debtor. In this case, the lender has the right to present his demand for the debtor in the manner established by this Federal Law;

the execution of executive documents on property recovery is suspended, including the arrests on the debtor's property and other restrictions on the disposal of the debtor's property imposed during the enforcement proceedings, with the exception of executive documents issued on the basis of entered into force to the date of the introduction of judicial acts on The recovery of wage arrears, payment of remuneration to authors of the results of intellectual activity, on the recovery of property from someone else's illegal possession, compensation for harm caused to life or health, about paying compensation over compensation for harm. The basis for suspension of execution of executive documents is to determine the Arbitration Court on the introduction of observation;

the requirements of the founder (participant) of the debtor on the separation of the share (share) in the property of the debtor in connection with the release of its founders (participants), redemption or acquiring a debtor of placed shares or paying the actual value of the share (share);

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the discontinuation of the monetary obligations of the debtor is not allowed by testing the oncoming homogeneous requirement if it is violated by paragraph 4 of Article 134 of this Federal Law, the order of satisfying creditors' claims. With regard to the obligations arising from financial contracts, the size of which is determined in the manner provided for in Article 4.1 of this Federal Law, the specified ban apply only in terms of the termination of the debtor's net commitment;

it is not allowed to withdraw the owner of the property of the debtor - a unitary enterprise owned by the debtor of the property;

the payment of dividends, income for shares (PAYAM), as well as the distribution of profits between the founders (participants) of the debtor;

the penalty is not charged (fines, penalties) and other financial sanctions for non-fulfillment or improper performance of monetary obligations and mandatory payments, with the exception of current payments.

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2. In order to ensure the onset of clause 1 of this article of consequences, the definition of the Arbitration Court on the introduction of observation is sent by the Arbitration Court to the credit institutions with which the debtor has a bank account agreement, as well as to the court of general jurisdiction, the main bailiff at the location of the debtor and its branches and representative offices in authorized bodies.

3. To participate in the bankruptcy case, the deadline for the fulfillment of the obligations arising before the adoption of the arbitration court on the recognition of the debtor bankrupt is considered to come. Lenders have the right to present the requirements for the debtor in the manner prescribed by this Federal Law.

4. The amount of the requirements of the competitive lender, the authorized body in the amount established in accordance with Article 4 of this Federal Law at the date of the introduction of observation, from the date of the introduction of observation to the date of the introduction of the following procedure used in the bankruptcy case, interest is accrued in the amount of refinancing rate, Installed by the Central Bank of the Russian Federation at the date of the introduction of observation.

These interest over the observation period are not included in the register of creditors' claims and are not taken into account when determining the number of votes belonging to the creditor at the creditors meetings.

In the event of a creditor to the claims to the debtor's requirements during financial recovery, external management, competitive production in determining in accordance with paragraph 1 of Article 4 of this Federal Law of the size of its requirement, the amount of interest is determined as a state at the date of the introduction of observation.

5. In the case of termination of the proceedings on the basis of a bankruptcy case under paragraph, the seventh paragraph 1 of Article 57 of this Federal Law (including as a result of the debtor of all the requirements of creditors included in the register of creditors' claims, in the course of observing or repaying such requirements during of any procedure used in bankruptcy case, a third party in accordance with the procedure established by Article 113 or 125 of this Federal Law), the lender has the right to give the debtor to the claim for the recovery of the remaining interest in the amount established by the Central Bank of the Russian Federation at the date of the introduction of observation of the refinancing rate, which were charged for The period of procedures applied in bankruptcy business, according to the rules of this Federal Law, in the manner prescribed by procedural legislation.

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6. If, when considering a bankruptcy case, the court during any procedure applied in bankruptcy case will establish that the debtor or lender, who is interested in the person, appealed with a statement about the recognition of the debtor bankrupt and the specified persons knew that the debtor was solvent and The goal of unreasonable unlawful benefits from the introduction of procedures applied in bankruptcy business is entitled to terminate the proceedings on the bankruptcy case, provided that the debtor continues to remain solvent and this corresponds to the interests of the lender.

In this case, the debtor is obliged to pay interest subject to the accrual under the conditions of the obligation, for the period of procedures applied in bankruptcy. If these circumstances are established by the court under the termination of the bankruptcy proceedings on another basis, the court also has the right to specify a debtor in determining that the debtor's obligation to pay for the period of bankruptcy proceedings to be charged under the terms of the obligations of interest.

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Article 63. The consequences of the arbitration court of determining the introduction of observation

There are no new notes that have not entered into force.

Article 63. The consequences of the arbitration court of determining the introduction of observation

1. From the date of the arbitration court, the determination of the introduction of observation comes the following consequences:

  • the requirements of creditors on monetary obligations and the payment of obligatory payments, with the exception of current payments, can be brought to the debtor only in compliance with the procedure established by this Federal Law, the procedure for presenting requirements for the debtor;
  • according to the petition of the lender, proceedings are suspended in charge of money from the debtor. In this case, the lender has the right to present his demand for the debtor in the manner established by this Federal Law;
  • the execution of executive documents on property recovery is suspended, including the arrests on the debtor's property and other restrictions on the disposal of the debtor's property imposed during the enforcement proceedings, with the exception of executive documents issued on the basis of entered into force to the date of the introduction of judicial acts on Recovery of wage arrears, payment of remuneration to authors of the results of intellectual activity, about the recovery of property from someone else's illegal possession, compensation for harm caused by life or health, about paying compensation over compensation for harm. The basis for suspension of execution of executive documents is to determine the Arbitration Court on the introduction of observation;
  • the requirements of the founder (participant) of the debtor on the separation of the share (share) in the property of the debtor in connection with the release of its founders (participants), redemption or acquiring a debtor of placed shares or paying the actual value of the share (share);
  • paragraph has lost strength. - Federal Law of December 30, 2008 N 296-FZ;
  • the discontinuation of the monetary obligations of the debtor is not allowed by testing the oncoming homogeneous requirement if it is violated by paragraph 4 of Article 134 of this Federal Law, the order of satisfying creditors' claims. With regard to commitments arising from financial contracts, the size of which is determined in the manner, provided Article. 4.1 of this Federal Law, the specified ban is applied only in terms of termination of the netual obligations of the debtor;
  • it is not allowed to withdraw the owner of the property of the debtor - a unitary enterprise owned by the debtor of the property;
  • the payment of dividends, income for shares (PAYAM), as well as the distribution of profits between the founders (participants) of the debtor;
  • the penalty is not charged (fines, penalties) and other financial sanctions for non-fulfillment or improper performance of monetary obligations and mandatory payments, with the exception of current payments.

2. In order to ensure the occurrence of the implication provided for in paragraph 1 of this article, the definition of the Arbitration Court on the introduction of observation is sent by the Arbitration Court to the credit institutions with which the debtor has concluded a bank account agreement, as well as to the court of general jurisdiction, the main bailiff at the location of the debtor and its branches and representative offices in authorized bodies.

3. To participate in the bankruptcy case, the deadline for the fulfillment of the obligations arising before the adoption of the arbitration court on the recognition of the debtor bankrupt is considered to come. Lenders have the right to present the requirements for the debtor in the manner prescribed by this Federal Law.

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4. The amount of the requirements of the competitive lender, the authorized body in the amount established in accordance with Article 4 of this Federal Law at the date of the introduction of observation, from the date of the introduction of observation to the date of introduction of the next procedure used in the bankruptcy case, interest is charged in the amount of refinancing rates, Installed by the Central Bank of the Russian Federation at the date of the introduction of observation.

These interest over the observation period are not included in the register of creditors' claims and are not taken into account when determining the number of votes belonging to the creditor at the creditors meetings.

In the event of a creditor to the claims to the debtor's requirements during financial recovery, external management, competitive production in determining in accordance with paragraph 1 of Article 4 of this Federal Law of the size of its requirement, the amount of interest is determined as a state at the date of the introduction of observation.

5. In the case of termination of the proceedings on the basis of a bankruptcy case under paragraph, the seventh paragraph 1 of Article 57 of this Federal Law (including as a result of the debtor of all the requirements of creditors included in the register of creditors' claims, in the course of observing or repaying such requirements during of any procedure used in bankruptcy, a third party in the manner established by Article 113 or 125 of this Federal Law), the lender has the right to present the debtor to the recovery of the remaining interest in the amount established by the Central Bank of the Russian Federation at the date of the introduction of the observation of the refinancing rate, which were charged for The period of procedures applied in bankruptcy business, according to the rules of this Federal Law, in the manner prescribed by procedural legislation.

6. If, when considering a bankruptcy case, the court during any procedure applied in bankruptcy case will establish that the debtor or lender, who is interested in the person, appealed with a statement about the recognition of the debtor bankrupt and the specified persons knew that the debtor was solvent and The goal of unreasonable unlawful benefits from the introduction of procedures applied in bankruptcy business is entitled to terminate the proceedings on the bankruptcy case, provided that the debtor continues to remain solvent and this corresponds to the interests of the lender.

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In this case, the debtor is obliged to pay interest subject to the accrual under the conditions of the obligation, for the period of procedures applied in bankruptcy. If these circumstances are established by the court under the termination of the bankruptcy proceedings on another basis, the court also has the right to specify a debtor in determining that the debtor's obligation to pay for the period of bankruptcy proceedings to be charged under the terms of the obligations of interest.

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On the section "Federal Law" On Insolvency (Bankruptcy) "(127-FZ)"

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Article 63. The consequences of the arbitration court of determining the introduction of observation. Federal Law "On Insolvency (Bankruptcy)"

1. From the date of the arbitration court, the determination of the introduction of observation comes the following consequences:

the requirements of creditors on monetary obligations and the payment of obligatory payments, with the exception of current payments, can be brought to the debtor only in compliance with the procedure established by this Federal Law, the procedure for presenting requirements for the debtor;

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according to the petition of the lender, proceedings are suspended in charge of money from the debtor. In this case, the lender has the right to present his demand for the debtor in the manner established by this Federal Law;

the execution of executive documents on property recovery is suspended, including the arrests on the debtor's property and other restrictions on the disposal of the debtor's property imposed during the enforcement proceedings, with the exception of executive documents issued on the basis of entered into force to the date of the introduction of judicial acts on The recovery of wage arrears, payment of remuneration to authors of the results of intellectual activity, on the recovery of property from someone else's illegal possession, compensation for harm caused to life or health, about paying compensation over compensation for harm. The basis for suspension of execution of executive documents is to determine the Arbitration Court on the introduction of observation;

the requirements of the founder (participant) of the debtor on the separation of the share (share) in the property of the debtor in connection with the release of its founders (participants), redemption or acquiring a debtor of placed shares or paying the actual value of the share (share);

paragraph has lost strength;

the discontinuation of the monetary obligations of the debtor is not allowed by testing the oncoming homogeneous requirement if it is violated by paragraph 4 of Article 134 of this Federal Law, the order of satisfying creditors' claims. With regard to the obligations arising from financial contracts, the size of which is determined in the manner provided for in Article 4.1 of this Federal Law, the specified ban apply only in terms of the termination of the debtor's net commitment;

it is not allowed to withdraw the owner of the property of the debtor - a unitary enterprise owned by the debtor of the property;

the payment of dividends, income for shares (PAYAM), as well as the distribution of profits between the founders (participants) of the debtor;

the penalty is not charged (fines, penalties) and other financial sanctions for non-fulfillment or improper performance of monetary obligations and mandatory payments, with the exception of current payments.

2. In order to ensure the onset of clause 1 of this article of consequences, the definition of the Arbitration Court on the introduction of observation is sent by the Arbitration Court to the credit institutions with which the debtor has a bank account agreement, as well as to the court of general jurisdiction, the main bailiff at the location of the debtor and its branches and representative offices in authorized bodies.

3. To participate in the bankruptcy case, the deadline for the fulfillment of the obligations arising before the adoption of the arbitration court on the recognition of the debtor bankrupt is considered to come. Lenders have the right to present the requirements for the debtor in the manner prescribed by this Federal Law.

4. The amount of the requirements of the competitive lender, the authorized body in the amount established in accordance with Article 4 of this Federal Law at the date of the introduction of observation, from the date of the introduction of observation to the date of the introduction of the following procedure used in the bankruptcy case, interest is accrued in the amount of refinancing rate, Installed by the Central Bank of the Russian Federation at the date of the introduction of observation.

These interest over the observation period are not included in the register of creditors' claims and are not taken into account when determining the number of votes belonging to the creditor at the creditors meetings.

In the event of a creditor to the claims to the debtor's requirements during financial recovery, external management, competitive production in determining in accordance with paragraph 1 of Article 4 of this Federal Law of the size of its requirement, the amount of interest is determined as a state at the date of the introduction of observation.

5. In the case of termination of the proceedings on the basis of a bankruptcy case under paragraph, the seventh paragraph 1 of Article 57 of this Federal Law (including as a result of the debtor of all the requirements of creditors included in the register of creditors' claims, in the course of observing or repaying such requirements during of any procedure used in bankruptcy case, a third party in accordance with the procedure established by Article 113 or 125 of this Federal Law), the lender has the right to give the debtor to the claim for the recovery of the remaining interest in the amount established by the Central Bank of the Russian Federation at the date of the introduction of observation of the refinancing rate, which were charged for The period of procedures applied in bankruptcy business, according to the rules of this Federal Law, in the manner prescribed by procedural legislation.

6. If, when considering a bankruptcy case, the court during any procedure applied in bankruptcy case will establish that the debtor or lender, who is interested in the person, appealed with a statement about the recognition of the debtor bankrupt and the specified persons knew that the debtor was solvent and The goal of unreasonable unlawful benefits from the introduction of procedures applied in bankruptcy business is entitled to terminate the proceedings on the bankruptcy case, provided that the debtor continues to remain solvent and this corresponds to the interests of the lender.

In this case, the debtor is obliged to pay interest subject to the accrual under the conditions of the obligation, for the period of procedures applied in bankruptcy. If these circumstances are established by the court under the termination of the bankruptcy proceedings on another basis, the court also has the right to specify a debtor in determining that the debtor's obligation to pay for the period of bankruptcy proceedings to be charged under the terms of the obligations of interest.

Article 63. The consequences of the arbitration court of determining the introduction of observation

  • checked today
  • law of 08.01.2020
  • entered into force on 02.12.2002

There are no new notes that have not entered into force.

Compare with the editors of the article dated 09.29.2015 01/29/2015 07/01/2019 07/19/2011 July 22, 2009 12/31/2008 01.01.2008 02.12.2002

From the date of the arbitration court, the determination of the introduction of observation occurs the following consequences:

In order to ensure the occurrence of the implications provided for by clause 1 of this article, the definition of the Arbitration Court on the introduction of observation is sent by the Arbitration Court to the credit institutions with which the debtor has concluded a bank account agreement, as well as to the court of general jurisdiction, the main bailiff at the location of the debtor and its branches and branches and Representative offices in authorized bodies.

To participate in bankruptcy, the deadline for the fulfillment of the obligations arising before the adoption of the arbitration court on the recognition of the debtor bankrupt is considered to have come. Lenders have the right to present the requirements for the debtor in the manner prescribed by this Federal Law.

The amount of the requirements of the competitive lender, the authorized body in the amount established in accordance with Article 4 of this Federal Law on the date of introducing observation, from the date of the introduction of observation to the date of introduction of the following procedure used in bankruptcy case, interest is charged in the amount of the refinancing rate established by the Central Bank of the Russian Federation at the date of the introduction of observation.

These interest over the observation period are not included in the register of creditors' claims and are not taken into account when determining the number of votes belonging to the creditor at the creditors meetings.

In the event of a creditor to the claims to the debtor's requirements during financial recovery, external management, competitive production in determining in accordance with paragraph 1 of Article 4 of this Federal Law of the size of its requirement, the amount of interest is determined as a state at the date of the introduction of observation.

In case of termination of the bankruptcy proceedings on the basis of paragraph, the seventh paragraph 1 of Article 57 of this Federal Law (including as a result of the debtor of all the requirements of creditors included in the register of creditors' claims, during the observation or repayment of such requirements during any procedure used in bankruptcy case, a third party in the manner established by Article 113 or 125 of this Federal Law), the lender is entitled to present the debtor to the claim for the recovery of the remaining interest in the amount established by the Central Bank of the Russian Federation at the date of the introduction of observation of the refinancing rate, which were charged for the period Procedures applied in bankruptcy case, according to the rules of this Federal Law, in the manner prescribed by procedural legislation.

If, when considering a bankruptcy case, the court during any procedure applied in bankruptcy will establish that the debtor or lender, who is interested in the person, appealed with a statement about the recognition of the debtor bankrupt and at the same time said persons knew that the debtor was solvent and aims to Unreasonable unlawful receiving benefits from the introduction of procedures used in bankruptcy business, the court has the right to terminate the proceedings on the bankruptcy case, provided that the debtor continues to remain solvent and this corresponds to the interests of the lender.

In this case, the debtor is obliged to pay interest subject to the accrual under the conditions of the obligation, for the period of procedures applied in bankruptcy. If these circumstances are established by the court under the termination of the bankruptcy proceedings on another basis, the court also has the right to specify a debtor in determining that the debtor's obligation to pay for the period of bankruptcy proceedings to be charged under the terms of the obligations of interest.