A CURSORY EXAMINATION OF CLAIMS FOR THE INVALIDITY OF BANKRUPTCY TRANSACTIONS

A CURSORY EXAMINATION OF CLAIMS FOR THE INVALIDITY OF BANKRUPTCY TRANSACTIONS

A CURSORY EXAMINATION OF CLAIMS FOR THE INVALIDITY OF BANKRUPTCY TRANSACTIONS
The manager applied to the court for invalidation of the following transactions: the assignment agreement, the agreement to the assignment agreement and the additional agreement to the said agreement (case no. A70-27330/23).

In rejecting the application, the courts of the two instances proceeded from the fact that the bankruptcy trustee had not provided evidence that the violations committed during the contested transaction went beyond the scope of the disposition of the article of the bankruptcy law, and there were no grounds for invalidating the transactions. The courts took into account that when considering another case, the courts assessed the arguments about the affiliation of the parties to the transactions, as well as the omission of the limitation period for the defendant's claims against the debtor arising from the contracts. At the same time, the primary documents confirming the fact of the work are presented.

The cassation sent the dispute for reconsideration, noting that the courts had not investigated the actual circumstances of the work and payment, and had not evaluated the arguments about the affiliation of the parties.The courts also did not establish the amount of the amount actually assigned, and the expediency of the assignment was not verified.

In addition, all the arguments of the manager about the abuse of law were not evaluated and the presence of signs of the debtor's insolvency was not taken into account. In addition, the reality of the work and the fact of its payment must be verified.


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19.02.2026