Russian companies are massively served on the banks to court in an attempt to tighten the terms of issue of loans

Bank borrowers are using every opportunity to return the debts to banks. After the shaft of claims from banks to non-paying companies to fix the courts have begun to answer the claims of shareholders or founders of corporate borrowers to challenge credit agreements entered into. The official excuse - a violation of corporate procedures, the borrower in obtaining a loan or a security clearance for him. The purpose of such lawsuits - the maximum delay the recovery of bank debts, writes on Tuesday Kommersant.

In the last decade of February, the Arbitration Court of Moscow has registered just four similar suit against the largest banks: Two - to Promsvyazbank and one - to "Sberbank" and "NOMOS-BANK". In all cases, applicants are asked to recognize the invalid contracts (credit or collateral), concluded between banks and companies. At the same time from the cards Affairs located on the site of the court, shows that plaintiffs are shareholders or members of companies that have concluded agreements with the banks.

Disclosure of such suits by shareholders or participants used debtors legal entities as a way to delay the recovery and repayment of bank debt, note the "Sberbank" and "NOMOS-BANK" "The growing number of such attempts in recent years due to a natural crisis: the company defaulter by all means attempt to delay the judicial decision to recover, using the intra-corporate relations, "- notes the partner law firm" Yakovlev & Partners Igor Dubov.

Previously such cases were rare. Prior to the presidium of the Supreme Arbitration Court (IAC) came the case of the mortgage loan issued by a branch of Alpha Bank in Rostov. The loan was secured mortgage, is not owned by the borrower, while the other company. Its minority shareholder is required to recognize the contract of mortgage entered into between the company and the bank, invalid.

The shareholder said that the Director-mortgagor affiliated with the borrower, there is interest in the transaction but the transaction has not been properly approved. Supreme Court of North-Caucasian district acknowledged agreement on the mortgage was null and void, denying credit for. 5 December 2006 the Bureau of EAC, the ruling overturned and the case decided in favor of Alfa-Bank ", but simply because the plaintiff missed the deadline to challenge the transaction.

The very same problem challenging transactions with interest was made at the plenary of you who on 20 June 2007 adopted a special resolution. In an analytical paper you prepared in the course of work, said all of a few such cases with the banks (they appear "Alfa Bank" and "Bank"), the arbitration courts in the regions.

Filing of counter-suit against the bank seeking to recover debts or pledges of corporate borrowers in the court may postpone the decision on the substantive claim for six or seven months, and in some cases and, in fact, for an indefinite period, looks Igor Dubov.