RusBankrot
We know everything about bankruptcy
11/12/2025
Thursday
THIS DAY IN HISTORY:
11 December 
2020 International Mountain Day.
2019 International Mountain Day.
1946 UNICEF was founded by the United Nations.
1946 UNICEF was organized by the United Nations.
1699 Peter I established the St. Andrew's flag as the official flag of the Russian military fleet.
11 December
2020 International Mountain Day.
2019 International Mountain Day.
1946 UNICEF was founded by the United Nations.
1946 UNICEF was organized by the United Nations.
1699 Peter I established the St. Andrew's flag as the official flag of the Russian military fleet.
ON THE IMPOSSIBILITY OF CHALLENGING A TRANSACTION WITH A LIQUIDATED COUNTERPARTY
The manager applied to the court for invalidation of payments made by the debtor in favor of the company (case no. A40-43151/15).
The proceedings in the separate dispute were terminated by the court of first instance, since the defendant in the separate dispute was liquidated. The court proceeded from the fact that the liquidation of the defendant is the basis for the termination of the proceedings, since the organization has lost its legal capacity and cannot defend itself against the claim.
The appeal sent the dispute for reconsideration, since the defendant's liquidation is not an obstacle to verifying the invalidity of the transaction in court. The Court pointed out that bankruptcy proceedings include the resolution of separate disputes involving only the direct participants in these disputes. In this case, the other party to the transaction or another person in respect of whom the transaction was made retains the opportunity to protect its interests even after the liquidation of the counterparty.
The cassation upheld the ruling of the first instance, noting that if one of the parties to the transaction has lost its legal capacity, the dispute over the recognition of the transaction as invalid cannot be considered by the court, and the proceedings must be terminated. The liquidation of the defendant creates the objective impossibility of considering the claim, since the proper defendant cannot defend himself against the claim.
In addition, the Court of Cassation noted that the examples of practice referred to by the Court of Appeal were not applicable to the case in question. The previously established positions concerned situations where the assignee, who retained his legal capacity, made demands on the debtor. There is no such situation in the present case.
Photo: Freepik
The proceedings in the separate dispute were terminated by the court of first instance, since the defendant in the separate dispute was liquidated. The court proceeded from the fact that the liquidation of the defendant is the basis for the termination of the proceedings, since the organization has lost its legal capacity and cannot defend itself against the claim.
The appeal sent the dispute for reconsideration, since the defendant's liquidation is not an obstacle to verifying the invalidity of the transaction in court. The Court pointed out that bankruptcy proceedings include the resolution of separate disputes involving only the direct participants in these disputes. In this case, the other party to the transaction or another person in respect of whom the transaction was made retains the opportunity to protect its interests even after the liquidation of the counterparty.
The cassation upheld the ruling of the first instance, noting that if one of the parties to the transaction has lost its legal capacity, the dispute over the recognition of the transaction as invalid cannot be considered by the court, and the proceedings must be terminated. The liquidation of the defendant creates the objective impossibility of considering the claim, since the proper defendant cannot defend himself against the claim.
In addition, the Court of Cassation noted that the examples of practice referred to by the Court of Appeal were not applicable to the case in question. The previously established positions concerned situations where the assignee, who retained his legal capacity, made demands on the debtor. There is no such situation in the present case.
Photo: Freepik
09.12.2025
