We know everything about bankruptcy
20/04/2024
Saturday
20 April 
1970 China excluded homosexuality from the list of mental illnesses
1970 China excluded homosexuality from the list of mental illnesses
1970 Marie and Pierre Curie received pure radium
1970 Marie and Pierre Curie received pure radium
1970 The copper money appeared in Russia instead of silver
1970 The copper money appeared in Russia instead of silver
THE COURT ASSESSED THE POSSIBILITY FOR THE DEBTOR’S DEPOSIT CONTESTATION
A dispute over the invalidation of the assignment agreement, under the conditions of which the assignor (bank) received a deposit from the assignee (debtor), was submitted to the highest court for consideration. The initiator of the proceedings was the manager, whose position was supported by the judges of three instances at once.
According to the applicant, the assignment agreement must be declared invalid because it was executed during the period of suspicion, as well as because of the absence of any counter-proposal for the bankrupt debtor.
However, the Economics Board disagreed with this opinion, which indicated the following. For the purpose of comparing the counter-proposal under the contract, the courts had to compare the market value of the claim being sold with its price agreed by the parties.
The significant difference between the market value and the contractual value may indicate the inequality of the counter-proposal.
Instead of this, the courts took into account the receipt of the deposit by the bank as evidence of inequality. The deposit legally remained with the assignor, since the assignee had violated the terms of the contract.
Thus, the Supreme Court of the Russian Federation declared the argument that there was no counter-provision under the contract and the fact that such an agreement was recognized as an invalid transaction to be insolvent(determination No. 306-ES20-14567 of December 24, 2020).
