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 LIMITS OF EQUIVALENCE IN THE TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THE CONTRACT
The debtor's manager appealed to the court with a demand to invalidate the transaction on the replacement of the party under the contract (case no. A56-55388/19).
In rejecting the application, the courts of the two instances proceeded from the fact that the circumstances indicated by the manager did not exceed the limits of the disposition of the norm of the bankruptcy law.
Having assessed the terms of the disputed transaction, the courts found that the new party assumed the obligations of the debtor, which he could no longer fulfill, having received an illiquid claim against the bankrupt debtor. The courts agreed with the defendant's calculation, according to which the debtor's debt to the customer exceeded the amount of rights transferred to the new party. The courts also took into account the expert opinion.
The cassation sent the dispute for reconsideration, pointing out that the courts did not assess the existence of a counter-provision in favor of the debtor, commensurate with the amount of the guaranteed retention. Also, the courts did not verify the reality of the accrual of penalties and penalties in favor of the customer, did not investigate the circumstances of the debtor's performance of the contract and did not determine the full amount of remuneration due to him.
In addition, the Court of Cassation pointed out the need to assess the balance of counterclaims under the contract at the time of the replacement of the party. Thus, the conclusions of the courts on the existence of an equivalent counter-provision were found to be insufficiently substantiated.
Photo: Freepik
In rejecting the application, the courts of the two instances proceeded from the fact that the circumstances indicated by the manager did not exceed the limits of the disposition of the norm of the bankruptcy law.
Having assessed the terms of the disputed transaction, the courts found that the new party assumed the obligations of the debtor, which he could no longer fulfill, having received an illiquid claim against the bankrupt debtor. The courts agreed with the defendant's calculation, according to which the debtor's debt to the customer exceeded the amount of rights transferred to the new party. The courts also took into account the expert opinion.
The cassation sent the dispute for reconsideration, pointing out that the courts did not assess the existence of a counter-provision in favor of the debtor, commensurate with the amount of the guaranteed retention. Also, the courts did not verify the reality of the accrual of penalties and penalties in favor of the customer, did not investigate the circumstances of the debtor's performance of the contract and did not determine the full amount of remuneration due to him.
In addition, the Court of Cassation pointed out the need to assess the balance of counterclaims under the contract at the time of the replacement of the party. Thus, the conclusions of the courts on the existence of an equivalent counter-provision were found to be insufficiently substantiated.
Photo: Freepik
27.10.2025
