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.
LIMITS OF CONTESTATION: PREFERENCE TRANSACTIONS AND TERMINATED BANKRUPTCY PROCEEDINGS
The manager appealed to the court with a demand to invalidate the money transfers in favor of the entrepreneur (case no. A52-3374/21).
In rejecting the application, the court of first instance proceeded from the lack of evidence of the affiliation of the debtor and the defendant, as well as the latter's awareness of the debtor's financial condition, and concluded that the legal relationship between the loan agreements concluded with the defendant was real. With regard to the transfers made by the company, the court concluded that there was no evidence that these payments had been made at the expense of the debtor, and noted that the presumption of using funds belonging to the company in settlements had not been refuted by the persons involved in the case.
The Court of Appeal recognized as proven the existence of signs of actual affiliation between the debtor and the defendant and, taking into account the existence of debts owed to other creditors at the time of the disputed payment, qualified part of the disputed transfers as made with preference.
The cassation court overturned the decision of the appeal and left the application without consideration, pointing out the following:
Photo: Freepik
In rejecting the application, the court of first instance proceeded from the lack of evidence of the affiliation of the debtor and the defendant, as well as the latter's awareness of the debtor's financial condition, and concluded that the legal relationship between the loan agreements concluded with the defendant was real. With regard to the transfers made by the company, the court concluded that there was no evidence that these payments had been made at the expense of the debtor, and noted that the presumption of using funds belonging to the company in settlements had not been refuted by the persons involved in the case.
The Court of Appeal recognized as proven the existence of signs of actual affiliation between the debtor and the defendant and, taking into account the existence of debts owed to other creditors at the time of the disputed payment, qualified part of the disputed transfers as made with preference.
The cassation court overturned the decision of the appeal and left the application without consideration, pointing out the following:
- By the ruling of the court of first instance, the debtor's insolvency proceedings were terminated due to the debtor's lack of funds and property sufficient to reimburse the costs of bankruptcy proceedings.
- If, within the framework of the bankruptcy case, the court has adopted a ruling on the merits of the application for challenging the transaction, and the bankruptcy proceedings are terminated by a subsequent ruling, then if the previously adopted ruling is canceled by a higher court, the application must be left without consideration.
Photo: Freepik
05.08.2025
