RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
Affiliation versus facts: the need to prove real harm
The manager appealed to the court with a demand to invalidate transactions involving the transfer of funds by the debtor in favor of the entrepreneur (case no. A40-37570/22).
The courts of two instances satisfied the application, based on the fact that the affiliation of the debtor and the entrepreneur had previously been established, as well as the absence of real economic relations between them.
The cassation sent the dispute for reconsideration, noting that there was no evidence of creditors at the time of the disputed payments.
Despite the signs of bankruptcy, this in itself is not sufficient evidence of an intention to harm creditors.
The entrepreneur has consistently raised objections that have not received a proper legal assessment from the courts of lower instances.
The grounds on which the disputed payments were found to be suspicious in other cases have no legal significance for the case under consideration.
The courts of two instances satisfied the application, based on the fact that the affiliation of the debtor and the entrepreneur had previously been established, as well as the absence of real economic relations between them.
The cassation sent the dispute for reconsideration, noting that there was no evidence of creditors at the time of the disputed payments.
Despite the signs of bankruptcy, this in itself is not sufficient evidence of an intention to harm creditors.
The entrepreneur has consistently raised objections that have not received a proper legal assessment from the courts of lower instances.
The grounds on which the disputed payments were found to be suspicious in other cases have no legal significance for the case under consideration.
20.08.2025
