RusBankrot
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01/04/2026
Wednesday
THIS DAY IN HISTORY:
1 April 
2021 Fools’ Day
2020 April Fools’ Day
2001 The world's first gay marriage took place in the Netherlands
2001 The world's first gay marriage took place in the Netherlands
1778 Oliver Pollock, a businessman from New Orleans, introduced the “$” sign
1778 Oliver Pollock, a businessman from New Orleans, introduced the “$” sign
1 April
2021 Fools’ Day
2020 April Fools’ Day
2001 The world's first gay marriage took place in the Netherlands
2001 The world's first gay marriage took place in the Netherlands
1778 Oliver Pollock, a businessman from New Orleans, introduced the “$” sign
1778 Oliver Pollock, a businessman from New Orleans, introduced the “$” sign
CHALLENGING THE DEBTOR-ENTREPRENEUR'S TRANSACTIONS MADE OUTSIDE THE PERIOD OF SUSPICION
The manager applied to the court for invalidation of gift agreements concluded between the debtor and the debtor's daughter (case no. A33-37976/23).
The courts of two instances, taking into account that the disputed donation agreements were concluded beyond the three-year period prior to the acceptance of the application for declaring the debtor bankrupt, proceeded from the assumption that the debtor had alienated liquid property free of charge in favor of the interested person (daughter) in order to conceal it from creditors, whose rights to satisfy claims at the expense of this property they were violated. In this regard, the authorities saw signs of abuse of law in the actions of the parties to the transactions, qualifying them as committed with harm to the rights of creditors, recognizing the disputed gift agreements as invalid and applying the consequences of their invalidity.
The cassation refused to satisfy the application, noting that the courts ignored the circumstances that the donation agreements were made by the debtor more than 10 years before the acceptance of the application for declaring him bankrupt, they do not fall under the period of suspicion. At the same time, there is no evidence in the statement of the manager that the disputed transactions go beyond the redefinition of the provisions of the Bankruptcy Law.
The applicant also insists on the financial manager's omission of the limitation period; expresses disagreement with the debtor's signs of insolvency as of the date of the contested transactions; refers to the prejudice of circumstances established by the final decision of the district court in another case, which denied satisfaction of the claim for recognition of gift agreements invalid. At the time of the conclusion of the disputed donation agreements, as well as at the time of the state registration of the transfer of ownership from the debtor to his daughter, he was an entrepreneur, and the aforementioned agreements are subject to dispute on special grounds established by the Bankruptcy Law.
Photo: Freepik
The courts of two instances, taking into account that the disputed donation agreements were concluded beyond the three-year period prior to the acceptance of the application for declaring the debtor bankrupt, proceeded from the assumption that the debtor had alienated liquid property free of charge in favor of the interested person (daughter) in order to conceal it from creditors, whose rights to satisfy claims at the expense of this property they were violated. In this regard, the authorities saw signs of abuse of law in the actions of the parties to the transactions, qualifying them as committed with harm to the rights of creditors, recognizing the disputed gift agreements as invalid and applying the consequences of their invalidity.
The cassation refused to satisfy the application, noting that the courts ignored the circumstances that the donation agreements were made by the debtor more than 10 years before the acceptance of the application for declaring him bankrupt, they do not fall under the period of suspicion. At the same time, there is no evidence in the statement of the manager that the disputed transactions go beyond the redefinition of the provisions of the Bankruptcy Law.
The applicant also insists on the financial manager's omission of the limitation period; expresses disagreement with the debtor's signs of insolvency as of the date of the contested transactions; refers to the prejudice of circumstances established by the final decision of the district court in another case, which denied satisfaction of the claim for recognition of gift agreements invalid. At the time of the conclusion of the disputed donation agreements, as well as at the time of the state registration of the transfer of ownership from the debtor to his daughter, he was an entrepreneur, and the aforementioned agreements are subject to dispute on special grounds established by the Bankruptcy Law.
Photo: Freepik
31.03.2026
