RusBankrot
We know everything about bankruptcy
29/12/2024
Sunday
THIS DAY IN HISTORY:
29 December 
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
29 December
1970 The 36-year civil war in Guatemala ended in reconciliation between the parties.
1970 Catherine II introduced paper money.
1970 Catherine II introduced paper money.
1970 The Russian Empire was divided into eight provinces by the decree of Peter I.
THE ACTUAL AFFILIATION DOES NOT EXCLUDE THE REALITY OF THE CONTRACT
The manager and creditors applied to the court to challenge the debtor's chain of transactions (case no. A45-19279/20).
The courts of two instances satisfied the application, guided by the fact that the transactions were made during a period of suspicion if the debtor had signs of insolvency. In addition, the courts pointed to the pretense of one of the disputed contracts.
The cassation sent the dispute for a new consideration, based on the fact that improper registration of labor relations with employees is not the only reason for concluding that the fact of providing services is not proven.
The conclusion that the defendant's provision of services under the contract is not proven is based solely on the assumption that solid municipal waste (MSW) may be exported by the debtor's drivers. At the same time, the defendant indicated the specific employees who drove the vehicles and explained the procedure for paying them for the work performed. The courts mistakenly did not consider it necessary to verify the defendant's arguments.
The conclusion of the courts on the actual affiliation of the debtor and the defendant is based on the established circumstances of their interaction through certain persons, the unpitiality for independent creditors to provide services in the absence of payment, while being aware of the actual termination by the company of payment for services rendered by the debtor since April 2019 and the absence of replacement assets from the debtor that would allow them to reimburse payment to their counterparties in full. At the same time, the actual affiliation does not refute the fact that the defendant fulfilled the contract.
The courts of two instances satisfied the application, guided by the fact that the transactions were made during a period of suspicion if the debtor had signs of insolvency. In addition, the courts pointed to the pretense of one of the disputed contracts.
The cassation sent the dispute for a new consideration, based on the fact that improper registration of labor relations with employees is not the only reason for concluding that the fact of providing services is not proven.
The conclusion that the defendant's provision of services under the contract is not proven is based solely on the assumption that solid municipal waste (MSW) may be exported by the debtor's drivers. At the same time, the defendant indicated the specific employees who drove the vehicles and explained the procedure for paying them for the work performed. The courts mistakenly did not consider it necessary to verify the defendant's arguments.
The conclusion of the courts on the actual affiliation of the debtor and the defendant is based on the established circumstances of their interaction through certain persons, the unpitiality for independent creditors to provide services in the absence of payment, while being aware of the actual termination by the company of payment for services rendered by the debtor since April 2019 and the absence of replacement assets from the debtor that would allow them to reimburse payment to their counterparties in full. At the same time, the actual affiliation does not refute the fact that the defendant fulfilled the contract.
17.07.2024
