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.
LEGAL ASSESSMENT OF SUCCESSIVE TRANSACTIONS WITH THE DEBTOR'S PROPERTY
The manager appealed to the court with a demand to invalidate a number of transactions related to the alienation of the debtor's property through a chain of interrelated transactions (case no. A41-55010/24).
In rejecting the application, the courts of the two instances proceeded from the fact that the administrator had not proved that all the disputed transactions had the sole purpose of transferring the debtor's property to other persons, nor had the fact of affiliation of the parties to the transactions been proven, as well as the fact that as a result of their commission the disputed property had not Therefore, there are no grounds for recognizing the disputed transactions as a chain of transactions.
The cassation sent the dispute for reconsideration, pointing out that the courts had not investigated the following circumstances: the reality of the legal relations between the parties, the economic feasibility of concluding and executing contracts, the presence or absence of interconnectedness of transactions for the possibility of challenging the chain of transactions.
In addition, all the circumstances of the transactions have not been established: the availability of payments for transactions, registration in an apartment building, change of ownership according to the EGRN data. The courts did not correlate the value of the disputed property and the size of the register of creditors' claims of the debtor.
There is also no assessment that after the implementation of the entire chain of transactions and registration of ownership by the defendant, the debtor was registered at the specified address up to and including a certain year. The courts did not check the arguments on the transfer of title documents from one of the parties to the other party.
In addition, the courts did not take into account the abuse of the right during the transaction, which resulted in the alienation of property in order to prevent possible foreclosure. Numerous arguments about the lack of money in transactions, registration violations, etc. have not been investigated.
Photo: Freepik
In rejecting the application, the courts of the two instances proceeded from the fact that the administrator had not proved that all the disputed transactions had the sole purpose of transferring the debtor's property to other persons, nor had the fact of affiliation of the parties to the transactions been proven, as well as the fact that as a result of their commission the disputed property had not Therefore, there are no grounds for recognizing the disputed transactions as a chain of transactions.
The cassation sent the dispute for reconsideration, pointing out that the courts had not investigated the following circumstances: the reality of the legal relations between the parties, the economic feasibility of concluding and executing contracts, the presence or absence of interconnectedness of transactions for the possibility of challenging the chain of transactions.
In addition, all the circumstances of the transactions have not been established: the availability of payments for transactions, registration in an apartment building, change of ownership according to the EGRN data. The courts did not correlate the value of the disputed property and the size of the register of creditors' claims of the debtor.
There is also no assessment that after the implementation of the entire chain of transactions and registration of ownership by the defendant, the debtor was registered at the specified address up to and including a certain year. The courts did not check the arguments on the transfer of title documents from one of the parties to the other party.
In addition, the courts did not take into account the abuse of the right during the transaction, which resulted in the alienation of property in order to prevent possible foreclosure. Numerous arguments about the lack of money in transactions, registration violations, etc. have not been investigated.
Photo: Freepik
10.09.2025
