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.
PAYMENT FROM A THIRD PARTY AS A MIRROR OF PREFERENCE
The manager applied to the court for invalidation of third-party payments for the debtor in favor of the bank (case no. A13-11874/23).
In granting the application, the courts of two instances established that the disputed payments were made after filing an application for declaring the debtor bankrupt in the absence of the consent of the interim manager if the company has other creditors, as a result of which the bank was given preferential satisfaction of its claims.
These circumstances are grounds for declaring disputed payments invalid based on the provisions of bankruptcy legislation.
The cassation sent the dispute for reconsideration, pointing out the need to take into account that the company's obligations to the bank are secured by a pledge of the company's property and a guarantee from third parties, therefore, the bank is a secured creditor. It is further stated that if the mortgaged creditor receives satisfaction not in accordance with the bankruptcy procedure, but on an individual basis, he cannot be considered to have received a preference in terms of 80% of the value of the mortgaged property.
The court of cassation also took into account the bank's arguments that the disputed payments were made at the direction of the company by its affiliated persons in order to release these persons from their obligations to pay for the delivered goods and received property under contracts concluded with the company, as well as to release the persons who provided the bank with guarantees and property as collateral.
In addition, it is noted that the law allows the fulfillment of obligations by a third party and recognizes such fulfillment as appropriate. The law does not impose on a bona fide creditor the obligation to investigate the relationship between a third party and the debtor.
Photo: Freepik
In granting the application, the courts of two instances established that the disputed payments were made after filing an application for declaring the debtor bankrupt in the absence of the consent of the interim manager if the company has other creditors, as a result of which the bank was given preferential satisfaction of its claims.
These circumstances are grounds for declaring disputed payments invalid based on the provisions of bankruptcy legislation.
The cassation sent the dispute for reconsideration, pointing out the need to take into account that the company's obligations to the bank are secured by a pledge of the company's property and a guarantee from third parties, therefore, the bank is a secured creditor. It is further stated that if the mortgaged creditor receives satisfaction not in accordance with the bankruptcy procedure, but on an individual basis, he cannot be considered to have received a preference in terms of 80% of the value of the mortgaged property.
The court of cassation also took into account the bank's arguments that the disputed payments were made at the direction of the company by its affiliated persons in order to release these persons from their obligations to pay for the delivered goods and received property under contracts concluded with the company, as well as to release the persons who provided the bank with guarantees and property as collateral.
In addition, it is noted that the law allows the fulfillment of obligations by a third party and recognizes such fulfillment as appropriate. The law does not impose on a bona fide creditor the obligation to investigate the relationship between a third party and the debtor.
Photo: Freepik
02.12.2025
