RusBankrot
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08/09/2024
Sunday
THIS DAY IN HISTORY:
8 September 
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
8 September
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
THE SUPREME COURT RECOGNIZED INTEREST-FREE LOANS AS COMPENSATORY FINANCING
On June 26, 2024, the Judicial Board for Economic Disputes (SCES) of the Supreme Court of the Russian Federation issued a Ruling on the complaint filed by the tax authorities and one of the creditors of the Khakassetremont company in its bankruptcy case (No. A74-5439/2020). The applicants asked to cancel the cassation ruling (AS of the East Siberian District), issued on November 9, 2023.
From September 2019 to February 2020, assignment agreements were concluded between Khakassetremont and Khakasstroyremont. All of them were challenged in the bankruptcy process on the initiative of the bankruptcy trustee and the Federal Tax Service.
As a result, lower courts declared these transactions invalid, and the organization was charged 12.2 million rubles. The company's claims against the bankrupt have been restored. According to the applicants, in fact, the transactions represented compensatory financing, which harmed the interests of independent creditors.
The courts drew attention to the fact that liquid rights were transferred free of charge, despite the company's debt on loans. The act of the appellate instance indicated that the transactions were the return of compensatory financing, therefore it is wrong to consider them gratuitous.
However, both judicial acts (the ruling of the Arbitration Court of Khakassia dated May 22, 2023 and the decision of the 3rd AAC dated July 26, 2023) were annulled by cassation. She upheld the decision on the invalidity of three contracts, not agreeing that the registered creditors had been harmed. The District Court considered that there was only a preference in repayment of debt obligations.
The Judicial Board for Economic Disputes pointed out the error of the cassation instance. Loans without interest were considered compensatory financing by the Supreme Court of the Russian Federation. This, in particular, was evidenced by the facts. The participant of the transaction repaid debts to third parties on invoices issued by third parties. At the same time, both organizations shifted the risk of loss of financing to independent creditors.
This state of affairs was recognized by the Supreme Court of the Russian Federation as causing damage to creditors. The decision of the Cassation Court (AS of the East Siberian District), issued on November 9, 2023, was finally canceled. The Judicial Board for Economic Disputes recognized the acts of lower instances as valid.
From September 2019 to February 2020, assignment agreements were concluded between Khakassetremont and Khakasstroyremont. All of them were challenged in the bankruptcy process on the initiative of the bankruptcy trustee and the Federal Tax Service.
As a result, lower courts declared these transactions invalid, and the organization was charged 12.2 million rubles. The company's claims against the bankrupt have been restored. According to the applicants, in fact, the transactions represented compensatory financing, which harmed the interests of independent creditors.
The courts drew attention to the fact that liquid rights were transferred free of charge, despite the company's debt on loans. The act of the appellate instance indicated that the transactions were the return of compensatory financing, therefore it is wrong to consider them gratuitous.
However, both judicial acts (the ruling of the Arbitration Court of Khakassia dated May 22, 2023 and the decision of the 3rd AAC dated July 26, 2023) were annulled by cassation. She upheld the decision on the invalidity of three contracts, not agreeing that the registered creditors had been harmed. The District Court considered that there was only a preference in repayment of debt obligations.
The Judicial Board for Economic Disputes pointed out the error of the cassation instance. Loans without interest were considered compensatory financing by the Supreme Court of the Russian Federation. This, in particular, was evidenced by the facts. The participant of the transaction repaid debts to third parties on invoices issued by third parties. At the same time, both organizations shifted the risk of loss of financing to independent creditors.
This state of affairs was recognized by the Supreme Court of the Russian Federation as causing damage to creditors. The decision of the Cassation Court (AS of the East Siberian District), issued on November 9, 2023, was finally canceled. The Judicial Board for Economic Disputes recognized the acts of lower instances as valid.
05.07.2024
