RusBankrot
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31/05/2026
Sunday
THIS DAY IN HISTORY:
31 May 
1970 World No Tobacco Day.
1970 World No Tobacco Day.
1970 The proclamation of independence of the South Africa from the Great Britain.
1970 The proclamation of independence of the South Africa from the Great Britain.
1970 The Trans-Siberian Railway was laid in Vladivostok.
1970 The Trans-Siberian Railway was laid in Vladivostok.
31 May
1970 World No Tobacco Day.
1970 World No Tobacco Day.
1970 The proclamation of independence of the South Africa from the Great Britain.
1970 The proclamation of independence of the South Africa from the Great Britain.
1970 The Trans-Siberian Railway was laid in Vladivostok.
1970 The Trans-Siberian Railway was laid in Vladivostok.
CHRONOLOGY OF INSOLVENCY AS A LINE OF DEFENSE AGAINST CONTESTING PAYMENTS
The manager appealed to the court with a demand to invalidate the debtor's transactions for the transfer of funds in favor of the defendant (case no. A04-10774/22).
The court of first instance partially satisfied the application, invalidating the transfers after the onset of signs of insolvency (05/24/2021) made in favor of the interested party without proper counter-provision, which led to damage to creditors.
The appeal changed the definition and extended the period of invalidity to the entire three-year period of suspicion, indicating that the subsequent insolvency was due to the systematic withdrawal of funds to controlling persons starting in 2020.
The cassation upheld the ruling of the first instance, pointing out that transfers of funds in favor of the defendant in the period up to 05/24/2021 cannot be invalidated due to the absence of creditors to whom the debtor had unfulfilled obligations during the specified period.
The conclusions given by the Court of Appeal relate to the issues of bringing the debtor to bankruptcy, the causes of objective bankruptcy and the assessment of the actions of persons controlling the debtor for the presence/absence of grounds for bringing them to subsidiary liability. These circumstances are subject to independent determination within the framework of a separate separate dispute.
Thus, the district court concluded that affiliation raises the standard of proof for the defendant, but does not allow invalidating all payments without establishing insolvency at the time of each transaction.
The court of first instance partially satisfied the application, invalidating the transfers after the onset of signs of insolvency (05/24/2021) made in favor of the interested party without proper counter-provision, which led to damage to creditors.
The appeal changed the definition and extended the period of invalidity to the entire three-year period of suspicion, indicating that the subsequent insolvency was due to the systematic withdrawal of funds to controlling persons starting in 2020.
The cassation upheld the ruling of the first instance, pointing out that transfers of funds in favor of the defendant in the period up to 05/24/2021 cannot be invalidated due to the absence of creditors to whom the debtor had unfulfilled obligations during the specified period.
The conclusions given by the Court of Appeal relate to the issues of bringing the debtor to bankruptcy, the causes of objective bankruptcy and the assessment of the actions of persons controlling the debtor for the presence/absence of grounds for bringing them to subsidiary liability. These circumstances are subject to independent determination within the framework of a separate separate dispute.
Thus, the district court concluded that affiliation raises the standard of proof for the defendant, but does not allow invalidating all payments without establishing insolvency at the time of each transaction.
26.05.2026
