CHALLENGING A TRANSACTION WITH ONE PERSON MAY AFFECT THE RIGHTS OF THIRD PARTIES

CHALLENGING A TRANSACTION WITH ONE PERSON MAY AFFECT THE RIGHTS OF THIRD PARTIES

CHALLENGING A TRANSACTION WITH ONE PERSON MAY AFFECT THE RIGHTS OF THIRD PARTIES
The manager appealed to the court to challenge the transaction on the establishment and accrual of wages to the defendant in the amount of 0.5 of the full rate (case no. A56-48029/20).

The courts of two instances satisfied the application, since the payment for the defendant's services is excessive, the appointment of a high accountant's salary in the contract is intended to harm the debtor's creditors.

The courts concluded that as a result of the establishment and payment to the defendant of wages above the average market for the services of an accountant of an organization in bankruptcy proceedings, the debtor's property mass decreased, that is, there was a sign of harm to the property rights of creditors.

In addition, the appeal stopped proceedings on appeals from third parties.

The district court sent the case for a new appeal, noting that the court of appeal did not investigate the circumstances relevant to the proper consideration of the case, did not assess the arguments of appeals from third parties, and the conclusion of the court of appeal that there was no violation of the rights and obligations of the named persons was made without a proper assessment of the arguments and objections they presented.


Photo: Freepik


14.03.2024