Поиск по этому блогу



понедельник, 18 июля 2016 г.

Hath face, but not money

About a comfortable life unscrupulous bankers at CB crystal honest and DIA DIA to sue unscrupulous bankers to 1.5 trillion rubles recovered in the bankrupt's estate agency managed to only 26 billion rublesDaria Borisyak DIA won in court from unscrupulous bankers to 1.5 trillion rubles. Deposit Insurance Agency (DIA) for the period of its activity has filed a lawsuit in the 77,661 courts with total requirements of 2.11 trillion rubles., Follows from the statistics provided by the "Vedomosti" representative of the state corporation.Most of these requirements was satisfied DIA - 50,763 claim to 1.5 trillion rubles. Losses agencies in comparison with this, the minimum - 2826 claims at 77 billion rubles, without consideration of the courts in 1842 left no claim to 32.3 billion rubles.. Another 21,534 cases with the requirements of 0.5 trillion rubles. now under consideration, it should be from the Agency of Statistics.

Proceeds in bankruptcy assets with negligible - only 2% of the satisfied claims, or 26.6 billion rubles. (See. Infographic). These 26.6 billion rubles. does not include funds received from ex-senator and owner of "My Bank" (lost his license in 2014) Gleb Fetisov, explained the representative of the DIA. The repayment of creditors' claims of "My Bank" Fetisov has paid more than 15 billion rubles."Most of our claims now regards the former managers of credit institutions", - said in early June, the director of the expert-analytical department of the DIA Julia Medvedev. Then she admitted that attract their vicarious liability is rarely possible. The arbitration evidence system is not working, and it's one of the reasons "for which we can not speak about the effective prosecution of precisely controlling persons", concluded Medvedev.The undisputed category of claims - it claims to collect receivables, ie, bad loans, says partner of law firm "Yukov and Partners" Svetlana Tarnopolskaya (the company cooperates with the DIA)... Usually, disputes do not arise if the bank is not destroyed or lost originals and copies of credit files - it also happens, and often, she says, on such an application ASV can be very difficult to prove that a person has received a credit bank and is not returned. The statistics on cases can spoil won and challenging dubious transactions, which is given more and more difficult with each passing year. "Now, when challenged questionable transactions made shortly before the revocation of the license, the state is increasingly protects the stability of civil turnover, not creditors," - says Tarnopolskaya.Criminal Damage bankers from criminal acts of managers and owners of banks exceeded 550 billion rubles., Disclose DIA in April. More than 80% of the causes of bankruptcy are criminal in nature and linked to the withdrawal of assets.Attracts DIA controlling bank officials and vicarious liability continues Tarnopolskaya, but to get something from them is very difficult within the framework of enforcement proceedings: "This 2% - just a rare case when the assets or part thereof is not displayed and not hidden." According to ACB, the carrying amount of the failed banks' assets is more than 2.74 trillion rubles, the real value of 8.5 times lower -.... 322 billion rubles, ie potentially can recover only 12% of the banks indicated in the statements.Get a judicial decision and get the money - they are different things, in solidarity partner law office "Padva and Epstein," Pavel Gerasimov. When it comes to the debtor of the bank, it can be prepared in advance to ensure that it will collect the money, so at this point it already does not have any assets, since they were disposed of, or they are not there, he says :. "In this case, you want to conduct the bankruptcy proceedings to recover the debt, but it does not provide 100% recovery" It rarely happens that the debtor company is able to repay the debt on the loan and in court just wants to buy time, more often than it is on the verge of bankruptcy and no longer able to pay its debts, adds Tarnopolskaya.Banks, in which the Central Bank revokes the license are often used operations for maintenance loans, loans after some time returned to the bank through a chain of operations, says a senior lawyer BGP Litigation Anton anointed, while at the time of withdrawal of the license chain breaks and the bank becomes the debtor - technical company: "These debts is very easy to recover, but it is virtually impossible to get the money."A similar situation involving vicarious liability: property, sufficient to satisfy the claims of creditors, no, says Gerasimov. One of the ways to obtain debt - pressure through a criminal case, he concludes.

Комментариев нет:

Отправить комментарий