RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of July 23, 2009 No. 58

About some questions connected with satisfaction requirements of the pawnbroker in case of bankruptcy of the pledger

Due to the questions arising in court practice connected with satisfaction requirements of pawnbrokers in the procedures applied in cases on bankruptcy and for the purpose of ensuring uniform approaches to application of relevant provisions of the Federal Law of 26.10.2002 N 127-FZ "About insolvency (bankruptcy)" * (further the Bankrupcy law, the Law) the Plenum of the Supreme Arbitration Court of the Russian Federation, being guided by article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation", decides to give to Arbitration Courts (further - courts) the following explanations.

In the resolution in the absence of special specifying on other references to provisions of the Bankrupcy law are given in edition of the Federal Laws of 30.12.2008 N 296-FZ "About introduction of amendments to the Federal law "About Insolvency (Bankruptcy)", of 30.12.2008 N 306-FZ "About modification of some legal acts of the Russian Federation in connection with enhancement of procedure for the address of collection on pledged property", of 28.04.2009 N 73-FZ "About modification of separate legal acts of the Russian Federation", of 19.07.2009 N 195-FZ "About modification of separate legal acts of the Russian Federation".

1. By consideration of question of establishment and inclusion in the register of requirements of the competitive creditors provided with pledge of property of the debtor (further - mortgage creditors), courts need to consider the following.

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