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.
LIMITATION PERIODS AGAINST FOUNDERS' CORPORATE RIGHTS
The manager appealed to the court with a demand to invalidate the transaction on the transfer of dividends in favor of the defendant (case no. A40-88702/21).
The courts of two instances granted the application, guided by the fact that as of the date of the disputed payments, the debtor had unfulfilled monetary obligations. The courts also drew attention to the coefficients characterizing the financial and economic activities of the debtor, based on which the company was unable to stably pay its current obligations. As indicated by the courts, the payment of dividends in conditions where the claims of external creditors remain unsatisfied indicates damage to their property rights. Considering the above, the courts pointed out that the defendant, who had the opportunity to determine the debtor's actions and give appropriate instructions for the company to make transactions, could not have been unaware that as a result of the transactions, the creditors' property rights could be harmed.
The cassation sent the dispute for reconsideration, noting that the courts had not investigated or established the circumstances when the first arbitration administrator should have learned about the existence of circumstances that were the basis for declaring the transaction invalid.
In the opinion of the instance, the courts also failed to take into account the fact that the unjustified non-negotiation of the debtor's transaction by one or another bankruptcy trustee of the debtor is not a reason for restoring the missed limitation period to the last bankruptcy trustee. The circumstances under which the disputed transaction on the transfer of dividends could be recognized as imaginary have also not been established by the courts.
Photo: Freepik
The courts of two instances granted the application, guided by the fact that as of the date of the disputed payments, the debtor had unfulfilled monetary obligations. The courts also drew attention to the coefficients characterizing the financial and economic activities of the debtor, based on which the company was unable to stably pay its current obligations. As indicated by the courts, the payment of dividends in conditions where the claims of external creditors remain unsatisfied indicates damage to their property rights. Considering the above, the courts pointed out that the defendant, who had the opportunity to determine the debtor's actions and give appropriate instructions for the company to make transactions, could not have been unaware that as a result of the transactions, the creditors' property rights could be harmed.
The cassation sent the dispute for reconsideration, noting that the courts had not investigated or established the circumstances when the first arbitration administrator should have learned about the existence of circumstances that were the basis for declaring the transaction invalid.
In the opinion of the instance, the courts also failed to take into account the fact that the unjustified non-negotiation of the debtor's transaction by one or another bankruptcy trustee of the debtor is not a reason for restoring the missed limitation period to the last bankruptcy trustee. The circumstances under which the disputed transaction on the transfer of dividends could be recognized as imaginary have also not been established by the courts.
Photo: Freepik
22.09.2025
