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.
FROM THE HARVEST TO THE REGISTER OF REQUIREMENTS
The creditor applied to the court for the inclusion of claims in the debtor's register (case no. A46-3882/23).
The courts of two instances recognized the creditor's claim as justified and lowered the order of its satisfaction, based on the fact that the creditor submitted documents confirming the shipment, which were not falsified; the established affiliation of the debtor and the creditor does not refute the fact of wheat supply. The case file also confirms that the creditor has material resources for growing grain crops. In addition, the long-term non-demand by the creditor for payment for the shipped goods in the conditions of the debtor's insolvency constitutes compensatory financing.
The cassation sent the dispute for reconsideration, pointing out that the courts of the first and appellate instances limited themselves to indicating the preparation of documents between the creditor and the debtor and the reflection of the business transaction in the accounting records of the creditor company, without properly verifying the arguments regarding the absence of a real transfer of goods by the creditor to the debtor.
The reasoned conclusions of the courts about the availability of the creditor's material capabilities to produce the goods declared for delivery cannot indicate its actual transfer to the debtor.
It is possible to produce any documents between affiliated companies. In an attempt to dispel reasonable doubts about the reality of the alleged business relationship between the creditor and the debtor, no evidence has been provided involving third parties who are not interested in confirming the transfer of the goods.
The collection and shipment of a significant volume of wheat in one day raises reasonable doubts. The circumstances of wheat harvesting techniques, transportation, settlements with involved persons, storage locations and the future fate of the goods have not been investigated. It is noted that the creditor shipped more wheat to the debtor than was harvested. The courts did not take into account that, under the terms of the contract, the harvest of a particular year was to be transferred to the debtor.
The courts of two instances recognized the creditor's claim as justified and lowered the order of its satisfaction, based on the fact that the creditor submitted documents confirming the shipment, which were not falsified; the established affiliation of the debtor and the creditor does not refute the fact of wheat supply. The case file also confirms that the creditor has material resources for growing grain crops. In addition, the long-term non-demand by the creditor for payment for the shipped goods in the conditions of the debtor's insolvency constitutes compensatory financing.
The cassation sent the dispute for reconsideration, pointing out that the courts of the first and appellate instances limited themselves to indicating the preparation of documents between the creditor and the debtor and the reflection of the business transaction in the accounting records of the creditor company, without properly verifying the arguments regarding the absence of a real transfer of goods by the creditor to the debtor.
The reasoned conclusions of the courts about the availability of the creditor's material capabilities to produce the goods declared for delivery cannot indicate its actual transfer to the debtor.
It is possible to produce any documents between affiliated companies. In an attempt to dispel reasonable doubts about the reality of the alleged business relationship between the creditor and the debtor, no evidence has been provided involving third parties who are not interested in confirming the transfer of the goods.
The collection and shipment of a significant volume of wheat in one day raises reasonable doubts. The circumstances of wheat harvesting techniques, transportation, settlements with involved persons, storage locations and the future fate of the goods have not been investigated. It is noted that the creditor shipped more wheat to the debtor than was harvested. The courts did not take into account that, under the terms of the contract, the harvest of a particular year was to be transferred to the debtor.
14.10.2025
