THE ABSENCE OF CREDITORS DURING THE TRANSACTION PERIOD PRECLUDES THEIR CONTESTATION

The manager applied to the court to challenge the debtor's payments in favor of the defendant (case no. A40-36209/21).

The courts of two instances satisfied the applications, pointing out that the disputed payments were made in the absence of a counter-provision on the part of the defendant.

The cassation referred the dispute for reconsideration and noted that in the present case, the courts had not established whether the debtor had obligations (both with and without due date) to creditors during the period of making disputed payments, whose claims were then included in the register of creditors' claims.

The bankruptcy trustee's statement on challenging the transaction also does not indicate whether the debtor has unfulfilled obligations to creditors during the disputed period.