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 WORK MAY BE REAL, BUT THE DEADLINE HAS BEEN MISSED.
The manager appealed to the court demanding that the debtor's payments to the company and the contract be declared invalid (case no. A41-16195/22). The Company has submitted an application for the inclusion of claims in the debtor's register.
The court of first instance declared the disputed transactions invalid and applied the consequences of the invalidity of the transactions in the form of collecting funds from the company into the debtor's bankruptcy estate and interest on the use of funds. The company's application for inclusion in the register of creditors' claims of the debtor was left without satisfaction.
The Court of Appeal established the reality of the work performed under the contract between the debtor and the company, noting that there was sufficient evidence of the actual ability to perform the work. It was established that the payment for the work was made by the debtor in favor of the company on the basis of a contract. In this regard, the court overturned the ruling of the court of first instance and partially satisfied the claims of the company. The statement of the manager on the recognition of transactions as invalid was left without satisfaction.
The cassation agreed with the conclusions of the court of appeal regarding the reality of contractual relations between the parties to the contract, stating that the funds were transferred by the debtor in favor of the company to fulfill obligations under the contract.
However, the district court did not agree with the conclusions regarding the inclusion of the company's claims in the third stage of the register of creditors' claims of the debtor and the amount of the penalty, as the deadlines for filing claims were missed and penalties were accrued for the period of the moratorium and the monitoring procedure. Thus, the court of cassation overturned the decision of the court of appeal regarding the establishment of the order and inclusion of the amount of the penalty, recognizing the claims of the company only partially justified.
Photo: Freepik
The court of first instance declared the disputed transactions invalid and applied the consequences of the invalidity of the transactions in the form of collecting funds from the company into the debtor's bankruptcy estate and interest on the use of funds. The company's application for inclusion in the register of creditors' claims of the debtor was left without satisfaction.
The Court of Appeal established the reality of the work performed under the contract between the debtor and the company, noting that there was sufficient evidence of the actual ability to perform the work. It was established that the payment for the work was made by the debtor in favor of the company on the basis of a contract. In this regard, the court overturned the ruling of the court of first instance and partially satisfied the claims of the company. The statement of the manager on the recognition of transactions as invalid was left without satisfaction.
The cassation agreed with the conclusions of the court of appeal regarding the reality of contractual relations between the parties to the contract, stating that the funds were transferred by the debtor in favor of the company to fulfill obligations under the contract.
However, the district court did not agree with the conclusions regarding the inclusion of the company's claims in the third stage of the register of creditors' claims of the debtor and the amount of the penalty, as the deadlines for filing claims were missed and penalties were accrued for the period of the moratorium and the monitoring procedure. Thus, the court of cassation overturned the decision of the court of appeal regarding the establishment of the order and inclusion of the amount of the penalty, recognizing the claims of the company only partially justified.
Photo: Freepik
04.09.2025
