FEATURES OF THE PRESENTATION OF THE RESTORED CLAIM

The creditor applied to the court for inclusion in the debtor's register of a claim that arose on the basis of a judicial act challenging the transaction and applying the consequences of its invalidity (case no. A41-110541/19).

Having established that the creditor, from the moment of signing the act of acceptance and transfer, is considered to have fulfilled the obligation to return the property to the debtor's bankruptcy estate, and also taking into account the date of filing the application, declaring the operative part of the decision of the court of cassation instance on the dispute on invalidation of the transaction, we concluded that the claims were declared by the creditor within the time limit established by law.

The cassation, including the claim for the register, noted that in order to satisfy the restored claim, firstly, it must be declared within two months from the date of entry into force of the judicial act on the invalidation of the transaction and on the application of the consequences of its invalidity; secondly, within the same two-month period, the creditor on the restored claim must make a return to the bankruptcy estate of the debtor of the property received under this transaction. At the same time, the creditor's right to make such a claim cannot arise before the latter returns the property to the debtor's bankruptcy estate.

The court also noted that in the present case, the claim is based on the decision of the court of appeal, and the decision of the district court referred to by the court of appeal, the said appeal decision has not been changed or canceled.