The desire to ex-owner of the now bankrotyaschegosya "My Bank" Gleb Fetisov to be released can be supported in court. Mr. Fetisov believes that the suspension of the bankruptcy proceedings in the bank rather small first tranche of payments. The Deposit Insurance Agency (DIA) insist on full pay its creditors. The parties to this dispute opposing the logic and arguments. But the problem is that not clearly formulated in this part of the law itself.

On filing a complaint to the Moscow Arbitration Court on the validity of the control of "My Bank" in DIA's face on Friday the press service of the former owner of the bank's Gleb Fetisov. The complaint was sent November 11 GP Chemie, director of FFF Holdings BV, through which Mr. Fetisov November 5 promised to fully pay off the creditors of the bank. So far made only two payments - 1 million and 555.236 million rubles. (From the total amount of bank debt owed to creditors by 13.3 billion rubles.). However, lawyers believe Mr. Fetisov: DIA under the law on bankruptcy of credit institutions had to suspend the bankruptcy procedure from November 5 to February 5 (in fullfulfillment of the obligations the law assigns three months), but failed to do so. In addition, Mr. Fetisov appointed representatives are concerned the date of the primary auction of bank assets - January 19, 2015. "Once the claims of all creditors will be satisfied, FFF Holdings will be able to dispose of the property at its discretion, while the implementation of its bid cost may be reduced," - stated Mr. Fetisov lawyers company "Barschevsky and partners."

The ACB took the opposite position. "The norms of Article 50.37 of the law on bankruptcy of credit institutions provide for the suspension of the bankruptcy proceedings only in the case of cash, sufficient to fulfill all the obligations of a credit institution that arose on the date of revocation of the license to conduct banking operations, rather than parts, - indicate in agentstve.- While the funds in the amount necessary to meet the requirements of all creditors in the DIA, have been received. " With regard to the trading estate, the agency explained: January 19, 2015-havesGUSTs will be put on the primary trading at book value, thus, its implementation does not infringe anybody's interests.

The opinions of the respondents "Kommersant" lawyers dispersed, including because of the wording of this provision of the law on bankruptcy of credit institutions. "Clearly the conditions of the suspension it is not spelled out: if you want to be treated, and so and so", - say the lawyers. Question meet or not meet the complaint of lawyers of Mr Fetisov on the validity of the control remains in the discretion of the court.

The opposite interpretation of this norm and ACB Gleb Fetisov logical, according to lawyers. Mr. Fetisov, who recently again extended the period of detention on charges of fraud after the conclusion of the bank's assets by 22 February 2015, is interested to go free. And the suspension of receivership in the bank - an additional argument in this. In addition, the longer the bankruptcy proceedings, the remoteness of the time of the final assessment of damage caused to the bank, which also indirectly reduces criminal risk indicates the head of the banking groupraktiki "Pepeliaev groups" Lydia Gorshkov.

DIA as bankruptcy trustee, should be interested in the speedy and complete as possible to pay off creditors. The suspension of the bankruptcy proceedings without guarantees payment of the entire amount of the ex-owner of damages to creditors, as may be exceeded statute of limitations to sue on challenging transactions and collecting the debt of borrowers. At the same time an absolute guarantee on the part of the ex-owner of reckoning with all creditors not. "It is still unclear whether paid to a third party funds in full or not - says the law firm partner Andrew Lidings Zelenin.- After all, if we are the salvation of the assets to pay the debts could start earlier."

Although the words of reckoning with creditors by the bank's former owner sounded almost as soon as he was in jail on charges of fraud after the conclusion of the bank's liquid assets (see "Kommersant" on March 1,.), To the real reckoning - and then It is far from complete - it came only now. So, in April, the former senator offeredredeem at DIA of its right of claim against the bank arising under the insurance payments to depositors, that is only to compensate the cost of the state on the insurance compensation (6,5 bln.). In July, we are talking already about the redemption of the property of the bank, which is also contrary to the law on bankruptcy. The intention to use the only possible according to the law a way to pay off creditors - transfer money to designated account - Gleb Fetisov wrote in DIA in August, but after the Court again left him in custody, pay, not being on the loose, quickly changed his mind ( see. "Kommersant" on August 28) and returned to the subject in November. Whether data is then filled with promise, it will become clear in early February.