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.
CHALLENGING TRANSACTIONS ON THE ALIENATION OF A CAR IN THE FRAMEWORK OF BANKRUPTCY
The manager appealed to the court with a demand to invalidate the debtor's transactions (case no. A41-31144/21).
The court of first instance refused to satisfy the application, having established that the contract of sale was signed on behalf of the seller-debtor by the representative who was the buyer of the specified vehicle under the subsequent contract of sale, and is currently the owner of this car. At the same time, the power of attorney on the basis of which the debtor's representative acted was dated later than the date of signing the contract, respectively, the representative at the time of signing the contract did not have the authority to represent the interests of the debtor and sign this contract.
The Court of Appeal did not agree with the conclusions of the court of first instance. It was found that the cost of the car was significantly lower than its market value. Since the dispute materials indicate that the value of the car determined by the parties to the contract was significantly lower than its market value, the arbitration court concluded that these transactions were made with unequal counter-performance and aimed at removing liquid assets from the debtor's bankruptcy estate. Due to the improvements made, the car cannot be returned in the condition that existed at the time of the transaction, therefore, the consequences of invalidity of transactions in the form of monetary recovery are applied.
The cassation sent the dispute for reconsideration, pointing out that the courts had not investigated the relevance of the power of attorney on the basis of which the contract on the alienation of the car was signed. The bankruptcy trustee's arguments that the contract does not contain information about the damage to the car, as well as the fact that it was in an accident, have not been evaluated. The issue of the economic meaning of the transaction has also not been investigated.
In addition, the manager pointed out the cash flow between the parties, which may indicate the fake nature of the transactions. The arbitration courts needed to investigate the reality of the defendant's labor function and the existence of wage arrears.
Photo: Freepik
The court of first instance refused to satisfy the application, having established that the contract of sale was signed on behalf of the seller-debtor by the representative who was the buyer of the specified vehicle under the subsequent contract of sale, and is currently the owner of this car. At the same time, the power of attorney on the basis of which the debtor's representative acted was dated later than the date of signing the contract, respectively, the representative at the time of signing the contract did not have the authority to represent the interests of the debtor and sign this contract.
The Court of Appeal did not agree with the conclusions of the court of first instance. It was found that the cost of the car was significantly lower than its market value. Since the dispute materials indicate that the value of the car determined by the parties to the contract was significantly lower than its market value, the arbitration court concluded that these transactions were made with unequal counter-performance and aimed at removing liquid assets from the debtor's bankruptcy estate. Due to the improvements made, the car cannot be returned in the condition that existed at the time of the transaction, therefore, the consequences of invalidity of transactions in the form of monetary recovery are applied.
The cassation sent the dispute for reconsideration, pointing out that the courts had not investigated the relevance of the power of attorney on the basis of which the contract on the alienation of the car was signed. The bankruptcy trustee's arguments that the contract does not contain information about the damage to the car, as well as the fact that it was in an accident, have not been evaluated. The issue of the economic meaning of the transaction has also not been investigated.
In addition, the manager pointed out the cash flow between the parties, which may indicate the fake nature of the transactions. The arbitration courts needed to investigate the reality of the defendant's labor function and the existence of wage arrears.
Photo: Freepik
18.06.2025
