RusBankrot
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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.
Arguments on the invalidity of transactions when considering disputes on inclusion in the register
The creditor applied to the court for the inclusion of claims in the debtor's register (case no. A66-14791/22).
In granting the application, the courts of the two instances proceeded from the fact that the creditor's fulfillment of its obligations to lease equipment and vehicles to the debtor was confirmed by the documents submitted in the case file, the contract, acts of acceptance and transfer of equipment, acts of reconciliation of calculations, documents on the ownership of equipment and vehicles during the disputed period to the creditor.
In sending the dispute for reconsideration, the cassation instance pointed out that the courts of the first and appellate instances had not examined the bankruptcy trustee's arguments about the invalidity of transactions between the creditor company and the debtor, which could be essential for resolving the dispute.
It is pointed out that it is necessary to check not only the formal observance of the external attributes of the documents, but also to evaluate reasonable arguments and evidence indicating possible flaws in the transactions.
Photo: Freepik
In granting the application, the courts of the two instances proceeded from the fact that the creditor's fulfillment of its obligations to lease equipment and vehicles to the debtor was confirmed by the documents submitted in the case file, the contract, acts of acceptance and transfer of equipment, acts of reconciliation of calculations, documents on the ownership of equipment and vehicles during the disputed period to the creditor.
In sending the dispute for reconsideration, the cassation instance pointed out that the courts of the first and appellate instances had not examined the bankruptcy trustee's arguments about the invalidity of transactions between the creditor company and the debtor, which could be essential for resolving the dispute.
It is pointed out that it is necessary to check not only the formal observance of the external attributes of the documents, but also to evaluate reasonable arguments and evidence indicating possible flaws in the transactions.
Photo: Freepik
17.06.2025
