RusBankrot
We know everything about bankruptcy
27/12/2024
Friday
THIS DAY IN HISTORY:
27 December 
1970 Franco's dictatorship ended in Spain.
1970 The Netherlands recognized the independence of Indonesia.
1970 The introduction of the passport system in the USSR and the formation of the passport and visa service.
1970 the introduction of the passport system in the USSR and the formation of the passport and visa service.
27 December
1970 Franco's dictatorship ended in Spain.
1970 The Netherlands recognized the independence of Indonesia.
1970 The introduction of the passport system in the USSR and the formation of the passport and visa service.
1970 the introduction of the passport system in the USSR and the formation of the passport and visa service.
PAYING AN ACCOUNTANT DOES NOT HARM CREDITORS
The manager applied to the court to challenge the debtor's payments (case no. A40-2095/22).
The courts of two instances satisfied the application, concluding that the transaction was made with unequal counter-execution in a situation when the debtor was in a state of property crisis, in the presence of unfulfilled obligations to other creditors.
The courts also took into account that the definition that entered into force refused to include the defendant's claims in the register of creditors' claims, it was established that evidence of the actual performance of the contract was not provided in the materials of a separate dispute.
The cassation sent the dispute for reconsideration, pointing out that in the case under consideration, the debtor has only one creditor, obligations to which arose after the conclusion of the contract for the provision of accounting services with the defendant. At the same time, the contract was not disputed, it was concluded in 2016, was executed by the parties since 2016, no other was stated, the disputed payments were made in favor of the defendant in the period from 01/20/2021 to 08/18/2021, while the tax authority confirmed the fact that the debtor submitted reports during the specified period.
Moreover, recognizing payments as invalid transactions, the courts, in the opinion of the instance, did not evaluate the defendant's arguments that the reporting was provided using services paid for by the defendant as part of accounting services.
The courts of two instances satisfied the application, concluding that the transaction was made with unequal counter-execution in a situation when the debtor was in a state of property crisis, in the presence of unfulfilled obligations to other creditors.
The courts also took into account that the definition that entered into force refused to include the defendant's claims in the register of creditors' claims, it was established that evidence of the actual performance of the contract was not provided in the materials of a separate dispute.
The cassation sent the dispute for reconsideration, pointing out that in the case under consideration, the debtor has only one creditor, obligations to which arose after the conclusion of the contract for the provision of accounting services with the defendant. At the same time, the contract was not disputed, it was concluded in 2016, was executed by the parties since 2016, no other was stated, the disputed payments were made in favor of the defendant in the period from 01/20/2021 to 08/18/2021, while the tax authority confirmed the fact that the debtor submitted reports during the specified period.
Moreover, recognizing payments as invalid transactions, the courts, in the opinion of the instance, did not evaluate the defendant's arguments that the reporting was provided using services paid for by the defendant as part of accounting services.
18.10.2024
