CHALLENGING THE EXECUTION OF A TRANSACTION IS A NEW CIRCUMSTANCE

In the framework of the bankruptcy case (no. A41-79022/17), the debtor's creditors appealed to the court with an application to challenge the transaction – the share purchase and sale agreement, under the terms of which the debtor alienated the share of the company controlled by him.

The courts of three instances refused to satisfy this application, including on the grounds of confirming the fact of payment for the disputed transaction by a set-off made between the parties.

Creditors filed an application for a revision of the ruling on the refusal to recognize the transaction as invalid on the basis of challenging the specified offset by the judicial act that entered into force.

The courts of three instances also refused to satisfy this application, since the set-off agreement is the execution of the disputed transactions.

The Supreme Court of the Russian Federation did not agree with this approach and canceled the judicial acts, noting the arguments of creditors about the absence of actual payment by the buyer for the share in the authorized capital of the company controlled by the debtor in his favor.