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

of December 6, 2013 No. 88

About charge and interest payment according to requirements of creditors in case of bankruptcy

Due to the questions arising in court practice connected with charge and interest payment according to requirements of creditors in case of bankruptcy, the Plenum of the Supreme Arbitration Court of the Russian Federation, being guided by article 13 of the Federal constitutional Law of 28.04.1995 No. 1-FKZ "About Arbitration Courts in the Russian Federation", decides to make to Arbitration Courts the following explanations.

1. Proceeding from Item 1 of Article 4 and Item 1 of article 5 of the Federal Law of 26.10.2002 No. 127-FZ "About insolvency (bankruptcy)" (further - the Bankrupcy law, the Law) if the main requirement of the creditor to the debtor arose before initiation of proceedings about bankruptcy, then and all related additional requirements have the same legal regime in case of bankruptcy, that is they are not current and are subject to inclusion in the register of requirements of creditors.

For the specified purposes the main requirements are understood as requirements about return of loan amount (Article 810 of the Civil code of the Russian Federation; further - the Civil Code of the Russian Federation), about payment of the price of goods, work or services (articles 485 and 709 Civil Codes of the Russian Federation), tax amounts or collection, etc.

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