RusBankrot
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29/12/2024
Sunday
THIS DAY IN HISTORY:
29 December 
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
29 December
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
PROVING AFFILIATION THROUGH NATIONALITY
The manager applied to the court to challenge the chain of transactions for the alienation of the debtor's real estate (case no. A70-24812/21).
In refusing to satisfy the claim, the courts of two instances proceeded from the reality and validity of the disputed real estate sale agreements and concluded that the manager and the creditor had not proved the existence of signs of a suspicious transaction, including the debtor's insolvency, the defendants' affiliation with him, and the absence of counter-fulfillment of obligations.
The cassation sent the dispute for reconsideration, guided by the fact that the case file contains evidence of the debtor's debt to the creditor at the time of the transaction, which may indicate the presence of signs of insolvency.
The affiliation of the parties is indirectly confirmed by the fact that in the case there is no evidence of the solvency of one of the defendants, the debtor's spending of cash, which may indicate the absence of fulfillment by the defendant of counter obligations, the conclusion of a transaction by the debtor on terms inaccessible to other participants in civil law relations.
The co-respondent sold the disputed property after the introduction of the property sale procedure against the debtor, that is, during the period when the manager carried out actions to search for the debtor's property. The use of credit funds in settlements does not in itself indicate the fulfillment of an obligation, since there is no evidence of the seller's disposal of the received funds. In case of abuse by the parties, which is indicated by the manager and the creditor, the seller had the opportunity to return to the buyer the received part of the funds.
A possible affiliation, taking into account other established facts, may also be indicated by belonging to one informal ethnic group, the close internal ties between the persons of which are a well-known fact.
In refusing to satisfy the claim, the courts of two instances proceeded from the reality and validity of the disputed real estate sale agreements and concluded that the manager and the creditor had not proved the existence of signs of a suspicious transaction, including the debtor's insolvency, the defendants' affiliation with him, and the absence of counter-fulfillment of obligations.
The cassation sent the dispute for reconsideration, guided by the fact that the case file contains evidence of the debtor's debt to the creditor at the time of the transaction, which may indicate the presence of signs of insolvency.
The affiliation of the parties is indirectly confirmed by the fact that in the case there is no evidence of the solvency of one of the defendants, the debtor's spending of cash, which may indicate the absence of fulfillment by the defendant of counter obligations, the conclusion of a transaction by the debtor on terms inaccessible to other participants in civil law relations.
The co-respondent sold the disputed property after the introduction of the property sale procedure against the debtor, that is, during the period when the manager carried out actions to search for the debtor's property. The use of credit funds in settlements does not in itself indicate the fulfillment of an obligation, since there is no evidence of the seller's disposal of the received funds. In case of abuse by the parties, which is indicated by the manager and the creditor, the seller had the opportunity to return to the buyer the received part of the funds.
A possible affiliation, taking into account other established facts, may also be indicated by belonging to one informal ethnic group, the close internal ties between the persons of which are a well-known fact.
04.07.2024
