THE SUPREME COURT HAS ESTABLISHED WHO PROVES THE GRATUITOUSNESS OF PAYMENT IN BANKRUPTCY CASES

The manager appealed against 11 transfers of the insolvent company, however, lost the case. So, he failed to document that the debtor received nothing in return. The Supreme Court of Russia sent the case for review, it follows from the file of arbitration cases.

The court came to this decision in the bankruptcy case of the organization "Pirita" with the manager Sergey Spiryakin. The debtor made 11 transfers to the Trading House World-Trade organization, Spiryakin asked to recognize them as invalid. We are talking about transactions totaling about 15.2 million rubles. The founder of the companies is one person, but it is not known what the amount was transferred for. It was written in the documents that the payment is made under a contract without a number, but the general director of Pirita did not submit this contract.

The courts did not satisfy the claim, referring to the fact that the absence of documents from the bankruptcy trustee confirming the grounds for making the disputed payments does not confirm their invalidity.

Then the new bankruptcy trustee of the company, Alexandra Danilova, and one of the debtor's creditors wrote a complaint to the Supreme Court. In their opinion, the amount was transferred free of charge in the absence of a counter provision for Pirita, and the Trading House World-Trade company did not refute these arguments.

The authorities checked the arguments of the complaint, annulled the decisions of the lower courts and sent the case for a new examination. They stressed that the applicant challenging them should prove the conduct of suspicious transactions with the intention to cause harm. However, in this case, the bankruptcy trustee has given enough arguments according to which the obligation to provide evidence lies with the company. Now the case is awaiting review.

Photo: Freepik