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.
THE AMOUNT OF SALARY IN BANKRUPTCY: WHERE IS THE LINE BETWEEN LEGITIMATE REMUNERATION AND ASSET WITHDRAWAL?
The manager appealed to the court with a demand to invalidate transactions on the transfer of funds from the debtor's accounts in favor of the citizen (case no. A40-100038/21).
The courts of two instances satisfied the application, since there was an employment relationship between the debtor and the citizen, confirmed by an employment contract and additional agreements. However, the amount of salary payments during the disputed period significantly exceeded the previously established salaries. At the same time, there is no evidence of the citizen's actual performance of labor functions during the specified period.
In addition, at the time of making payments, the debtor was already insolvent, as evidenced by significant accounts payable. It was established that the citizen is an affiliated person of the debtor, knew about his insolvency, and through excessive payments, the debtor's assets were actually withdrawn.
The cassation sent the dispute for reconsideration, pointing out that the employment contract between the debtor and the citizen creates a presumption of the existence of an employment relationship and the legality of the payments made. The burden of refuting this presumption lies with the bankruptcy trustee, who has not provided sufficient evidence of the citizen's absence from the workplace or failure to fulfill his official duties. The increase in wages could have been due to a change in the scope of work responsibilities, which was not properly verified by the courts. In addition, the courts did not request additional documents to establish the real scope of the citizen's work.
The violation of procedural norms, according to the cassation instance, was expressed in the fact that the courts did not take into account the constitutional right of the employee to remuneration and did not investigate the issue of compliance of disputed payments with similar payments at other enterprises of a similar scale of activity. Thus, the courts should have established the actual scope of the duties assigned to the citizen and the reality of their fulfillment, which was not done.
Photo: Freepik
The courts of two instances satisfied the application, since there was an employment relationship between the debtor and the citizen, confirmed by an employment contract and additional agreements. However, the amount of salary payments during the disputed period significantly exceeded the previously established salaries. At the same time, there is no evidence of the citizen's actual performance of labor functions during the specified period.
In addition, at the time of making payments, the debtor was already insolvent, as evidenced by significant accounts payable. It was established that the citizen is an affiliated person of the debtor, knew about his insolvency, and through excessive payments, the debtor's assets were actually withdrawn.
The cassation sent the dispute for reconsideration, pointing out that the employment contract between the debtor and the citizen creates a presumption of the existence of an employment relationship and the legality of the payments made. The burden of refuting this presumption lies with the bankruptcy trustee, who has not provided sufficient evidence of the citizen's absence from the workplace or failure to fulfill his official duties. The increase in wages could have been due to a change in the scope of work responsibilities, which was not properly verified by the courts. In addition, the courts did not request additional documents to establish the real scope of the citizen's work.
The violation of procedural norms, according to the cassation instance, was expressed in the fact that the courts did not take into account the constitutional right of the employee to remuneration and did not investigate the issue of compliance of disputed payments with similar payments at other enterprises of a similar scale of activity. Thus, the courts should have established the actual scope of the duties assigned to the citizen and the reality of their fulfillment, which was not done.
Photo: Freepik
19.09.2025
