We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
THE SUPREME COURT OUTLINED THE OBLIGATION OF BANKRUPTCY MANAGER TO ESTABLISH A CIRCLE OF SUSPICIOUS TRANSACTIONS
The first instance partially satisfied the claim, having declared the agreement invalid. The appeal court brought the matter to an end and invalidated the payments made in the execution of the agreement as well. The District Court agreed with this position.
Considering the case, the board of the Supreme Court of the Russian Federation came to the conclusion that the earlier decisions should be canceled, and here is why.
The fact is that the challenged actions were committed back in 2015, and the manager went to court with a demand to invalidate them only in 2018. The lower courts did not see a problem in this situation, having indicated that the limitation period was three years and started from the moment the manager learned about the contract.
It is also important to note that the debtor's bankruptcy case was initiated twice, and the first time it was terminated due to the conclusion of an amicable agreement. During this period, according to the lower courts, all the powers of the manager were directed at the earliest possible conclusion of an amicable agreement, so he did not take measures to find dubious transactions of the debtor.
However, the Supreme Court of the Russian Federation indicated that the analysis of the activities of a potential bankrupt company was in any case the responsibility of the manager, which must have been fulfilled by him.
The bankruptcy manager should use due diligence in this matter and in any case request the necessary documentation. As for the general limitation period, it is not three years, as the courts calculated, but one year (judgment No. 307-ES19-20020 (9) dated March 9, 2021).
