In the bankruptcy estate in bankruptcy of the Bank “Ugra” has received a record amount of RUB 1.4 billion has made Its companies related to the former owner of Ugra Alexei Hominem, in repayment of overdue loans several debtors of the Bank. However, spending money on payments to investors the Agency on insurance of contributions (ASV) can not: a company whose loans had been repaid, they themselves are in a state of bankruptcy, and the Bank is only one of the creditors. Lawyers suggest that the use of these funds ASV can be challenged.Information about what is in the bankruptcy estate of the Bank “Ugra” has received RUB 1.4 billion is being discussed on the forum depositors. Them as lenders are primarily interested in when these funds will be paid on account of repayment of debts of the Bank in front of them, and that information yet.In DIA “b” have confirmed that from 30 June to 9 July on account of the “Yugra” from third parties associated with the former owner of the Bank received funds in the amount of 1.39 billion rubles as a partial repayment of the overdue debt of companies “breeze-21”, JSC “Frith”, OOO “M-SERVIS”, JSC RPF. “Three debtors are in bankruptcy, in the fourth in bankruptcy— said DIA.— The Bank, in turn, is one of the creditors with respect to these companies along with others.” According to the law on bankruptcy the performance of the obligations of the debtor by a third person after the introduction of the bankruptcy procedure is allowed only by depositing funds in the bankruptcy estate of the debtor for further proportional calculation with all creditors. “In the case of the transfer of funds directly in favor of one of the creditors occurs preferential satisfaction of claims of the creditor before the claims of other creditors of the debtor,— have explained in ASV.— There is a risk of contesting these actions and claims about the return of these funds”.As for the depositors of “Ugra”, they really got in a difficult life situatiation way, the payment of these funds to the Bank’s creditors as long as possible. The Agency is currently conducting an analysis of the situation in order to decide on possible further action. “According to the representatives, acting on behalf of the debtors and third parties performed obligations, statements about the replacement in the register of debtors will be filed in the near future,— added in DIA.— As soon as the replacement creditor will be produced, the bankruptcy Trustee will be able to send their payments to creditors.”If the Bank “Ugra” was not itself in bankruptcy, could it be easier to give your right of claim against the debtor based on the contract assignment. “This is not a transaction with the preference, because it only changes the creditor of the bankrupt,— says partner of the law firm “Rustam Kurmaev and partners” Dmitry Klyachkin.— But “Ugra” can’t just go out and sell requirement: a Bank is in bankruptcy, and the sale of the property possible in the auction”.The license of the “Ugra” was withdrawn in July 2017. The collapse of the Bank became the largest insured event — RUB 173 billion as of July 1, the Bank debt to creditors is 185,1 billion rubles. the Amount generated to date bankruptcy estate — 9.1 billion rubles. In this case, not the fact that 1.4 billion rubles will reach the lenders. “The risk of foreclosure in the amounts of high— said the partner of legal Bureau “Padva and Epstein” Anton Babenko.— The replacement of one creditor to another in the register of creditors is not in itself confirms the validity of the payment received and does not exclude the risk of such a reverse foreclosure”. According to the lawyer of bankruptcy of the direction of Vegas Lex Stanislav Sibuljina, the repayment of the third party to the individual creditor is not allowed, and in satisfaction of the statement about replacement of the creditor in the registry must be denied. “This position expressed in paragraph 28 of the “Review of court practice on issues connected with the participation of authorised bodies in Affairs about bankruptcy” confirmed by the Presidium of the Russian Supreme court on 20 December 2016″,— he says. “In my opinion, this explanation was quite raw,— says partner of BGP Litigation Sergei Lisin, and the case of the Bank “Ugra” can draw attention to the need for its adjustment.”Alex Hawtin is under house arrest in a criminal case on embezzlement of funds of the Bank “Ugra”. 19 April 2019 this measure for a period of two months chose the Basmanny district court. Since then, the court several times extended the house arrest, although the protection of the accused petitioned for relief, and on the eve of trial Mr. Hawtin demonstrated a willingness to help accelerate payments to creditors (see “Kommersant” on 20 may 2019). It happened at this time — July 15 the Moscow city court has left mister hotina under house arrest until October 18.Ksenia Dementievskiy on deposits from RUB 1 million in the top 10 bankautomat next
