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THE SUPREME COURT WILL REVEAL THE SCHEME FOR THE WITHDRAWAL OF THE DEBTOR'S ASSETS THROUGH OFFSETTING
THE SUPREME COURT WILL REVEAL THE SCHEME FOR THE WITHDRAWAL OF THE DEBTOR'S ASSETS THROUGH OFFSETTING
The debtor's manager (case no. A41-79022/17) applied to the court for recovery of damages from the defendants. The courts refused to satisfy the claims.
The manager filed an application for review of the appeal decision on new circumstances due to the fact that the court act that entered into force invalidated the set-off, which the manager referred to in justifying the recovery of damages.
The courts also refused to review the judicial act, after which the manager appealed to the Supreme Court of the Russian Federation, which referred the case to the collegium.
The Court noted the applicant's arguments that a valid set-off meant that the debtor had received a counter-grant. The invalid set-off led to the fact that the debtor received the restored right of claim, the market value of which is 25 times less.
Consequently, the invalidity of the set-off agreement confirms the fact that losses were caused to the debtor in the form of the difference between the market value of the share in the authorized capital alienated by him and the value of the restored claim.
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