RusBankrot
We know everything about bankruptcy
18/10/2024
Friday
THIS DAY IN HISTORY:
18 October 
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
18 October
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
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
