RusBankrot
We know everything about bankruptcy
18/10/2024
Friday
THIS DAY IN HISTORY:
18 October 
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
18 October
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
FEATURES OF RESTITUTION IN CONTESTING LEASING TRANSACTIONS
In the framework of the bankruptcy case (No. A56-26532/20), the manager appealed to the court with an application to challenge transactions on the transfer of the debtor's rights under leasing agreements and the return of cars to the bankruptcy estate.
The application was satisfied by the courts of two instances, based on the fact that in this case the assignment of rights and obligations under leasing agreements is actually gratuitous, the debtor has not received a counter-provision of the lease payments made by him, which were actually paid by him as the lessee to repay the purchase price.
The cassation sent the dispute for reconsideration regarding the application of restitution, pointing out the following:
• Having ascertained the significant disparity of the counter-grants of the parties under the contracts, the courts declared them invalid, applying the consequences of the invalidity of transactions in the form of collection of funds into the bankruptcy estate of the debtor in the amount of the difference between the estimated value of cars and the redemption value paid by the defendant.
• The specified amount cannot be considered as equal to the amount of lease payments made by the debtor, since during the term of the lease agreement the debtor used the leased item and, regardless of the result of the relationship with the lessor (whether the agreement will be executed in full or not), had to pay a fee for such use. That is, the lease payment does not consist only of a part of the purchase price.
• The courts needed to establish the value of the lessee's claim by calculating the projected balance of mutual grants, and not the value of the leased asset itself. The amount of fair counter-performance under the agreement on the replacement of a party in the leasing agreement must correspond to the amount of the balance of counter-obligations under the leasing agreement as of the date of the change of person in the agreement, if such a balance is in favor of the former lessee.
The application was satisfied by the courts of two instances, based on the fact that in this case the assignment of rights and obligations under leasing agreements is actually gratuitous, the debtor has not received a counter-provision of the lease payments made by him, which were actually paid by him as the lessee to repay the purchase price.
The cassation sent the dispute for reconsideration regarding the application of restitution, pointing out the following:
• Having ascertained the significant disparity of the counter-grants of the parties under the contracts, the courts declared them invalid, applying the consequences of the invalidity of transactions in the form of collection of funds into the bankruptcy estate of the debtor in the amount of the difference between the estimated value of cars and the redemption value paid by the defendant.
• The specified amount cannot be considered as equal to the amount of lease payments made by the debtor, since during the term of the lease agreement the debtor used the leased item and, regardless of the result of the relationship with the lessor (whether the agreement will be executed in full or not), had to pay a fee for such use. That is, the lease payment does not consist only of a part of the purchase price.
• The courts needed to establish the value of the lessee's claim by calculating the projected balance of mutual grants, and not the value of the leased asset itself. The amount of fair counter-performance under the agreement on the replacement of a party in the leasing agreement must correspond to the amount of the balance of counter-obligations under the leasing agreement as of the date of the change of person in the agreement, if such a balance is in favor of the former lessee.
14.05.2024
