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According to point 2 of article 42 of the Law on bankruptcy the judge of arbitration court takes out definition about adoption of the statement for recognition of the debtor by the bankrupt. As this definition corresponds to the conditions provided by point 3 of article 61 of the Law, it can be appealed in an appeal order no later than 14 days from the date of its acceptance.
Because the Law on bankruptcy changed a legal status of mortgage creditors at insolvency of the debtor, arbitration courts need to take the following into account. Excitement of proceeding of bankruptcy doesn't attract the termination of mortgage legal relationship and transformation of requirements of the mortgage creditor in the poor liability. Transactions with a mortgaged property during financial improvement and external management can be made only with the consent of the mortgage creditor in the order provided by point 6 of article 82 and point 5 of article 101 of the Law on bankruptcy. At realization of a subject of pledge in the specified procedures with the consent of the mortgage creditor his requirements are met at the expense of the funds obtained from realization of a subject of pledge, and for this sum the requirement of such creditor in the register of requirements of creditors decreases.
According to points 1 and 2 of article 5 of the Law on bankruptcy the current payments in the case of bankruptcy and in procedures of bankruptcy are liabilities and the obligatory payments which have arisen after adoption of the statement for recognition of the debtor by the bankrupt, and also liabilities and the obligatory payments which date of performance came after introduction of the corresponding procedure of bankruptcy. Requirements of creditors for the current payments aren't subject to inclusion in the register of requirements of creditors. Creditors on the current payments when carrying out the corresponding procedures of bankruptcy don't admit the persons participating in the case of bankruptcy.
According to point 5 of article 4 of the Law on bankruptcy of the requirement of creditors according to the obligations which aren't monetary, can be shown in court and are considered by court, arbitration court in the order established by the procedural legislation. By consideration of the specified disputes the interim measures provided by the procedural legislation regarding restriction of the order with the respondent by property belonging to it, aren't applied if concerning the debtor (the respondent in claim production) procedures of financial improvement (point 1 of article 81 of the Law), external management (point 1 of article 94 of the Law), competitive production (point 1 of article 126 of the Law) are entered. Thus, arrest of property of the debtor, and also other restrictions of the debtor regarding the order can be applied by property belonging to it only by definition of the arbitration court considering case on bankruptcy of the debtor. Therefore, imposing of such measures isn't allowed.