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 SUPREME COURT EXPLAINED THE METHODOLOGY FOR CALCULATING LOSSES ON FICTITIOUS TRANSACTIONS IN BANKRUPTCY
The Supreme Court of the Russian Federation has defined a key principle for calculating compensation in case of non-repayment of assets withdrawn through imaginary operations during bankruptcy. If it is not possible to return a specific property, an amount is collected from the guilty party, which allows not only to cover the initial cost, but also makes it possible to purchase a similar object at modern market prices. This means making up for the difference created by inflation and the overall cost increase.
A vivid illustration of the application of this position was the court proceedings in case no. A56-107008/2021. It is connected with the Proxima Stroy company.
On the eve of the announcement of financial insolvency, this organization donated a Lexus LX450d car to Rubezh. Further, the vehicle was resold twice, first to Yaroslav Sorokina, and then to Svetlana Strokina, and all transfers of ownership rights were not accompanied by a real payment.
The final recipient of the property, Strokina, sold the car to the IAT company, which, in turn, resold it to another person. When the bankruptcy proceedings were initiated, the manager secured the recognition of the entire chain of agreements as invalid.
The first court agreed with the need to recover the value of the car, relevant at the time of its last sale. But the court refused to compensate for the additional losses caused by the subsequent rise in price.
The Court of Appeal granted the claim for compensation for losses caused by rising market prices, but the district court overturned this decision. The Supreme Court, considering the dispute, finally supported the position of the appeal.
The Supreme Court of the Russian Federation ruled that the responsibility for the increase in value lies with the defendant, whose unlawful actions led to the loss of the asset. Losses should be calculated based on the current price of a similar property, which makes it possible to fully restore the debtor's violated property status.
Photo: Freepik
A vivid illustration of the application of this position was the court proceedings in case no. A56-107008/2021. It is connected with the Proxima Stroy company.
On the eve of the announcement of financial insolvency, this organization donated a Lexus LX450d car to Rubezh. Further, the vehicle was resold twice, first to Yaroslav Sorokina, and then to Svetlana Strokina, and all transfers of ownership rights were not accompanied by a real payment.
The final recipient of the property, Strokina, sold the car to the IAT company, which, in turn, resold it to another person. When the bankruptcy proceedings were initiated, the manager secured the recognition of the entire chain of agreements as invalid.
The first court agreed with the need to recover the value of the car, relevant at the time of its last sale. But the court refused to compensate for the additional losses caused by the subsequent rise in price.
The Court of Appeal granted the claim for compensation for losses caused by rising market prices, but the district court overturned this decision. The Supreme Court, considering the dispute, finally supported the position of the appeal.
The Supreme Court of the Russian Federation ruled that the responsibility for the increase in value lies with the defendant, whose unlawful actions led to the loss of the asset. Losses should be calculated based on the current price of a similar property, which makes it possible to fully restore the debtor's violated property status.
Photo: Freepik
31.10.2025
