RusBankrot
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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 UNSATISFACTORY CONDITION OF THE CAR CAN SIGNIFICANTLY AFFECT ITS PRICE
The debtor's manager filed an application to the court challenging the purchase and sale agreement.
The position of the first instance and the appeal
The courts of two instances satisfied the requirements of the manager.
The court of first instance pointed out that the debtor, at the date of conclusion of the contract, had unfulfilled obligations to other creditors, the debt to which was subsequently included in the register of claims, the absence of counter-performance under the disputed transaction (the fact of transfer of funds has not been proven), the unequal value of the counter-performance provided for in the transaction (the price of vehicles in the contract is underestimated twice in comparison with its market value), which, from the position of the court, indicates the actual affiliation of the debtor with the defendant.
The appeal refused to restore the time limit for appealing the ruling.
The position of the District Court
The District Court did not agree with the position of the lower courts, canceled their judicial acts and sent the case for a new hearing (Decision of the Arbitration Court of the West Siberian District of January 16, 2024 in case No. A45-32716/20). In arguing its position, the court cited the following arguments:
• During the consideration of this separate dispute, the debtor provided explanations that the car was sold after a significant accident, and this justifies its low price for the disputed transaction.
• Consideration of a separate dispute on the merits of obtaining information from the traffic police about the presence (absence) of registered accidents, information from the insurance company about the occurrence of an insured event in relation to a vehicle led to the adoption by the court of first instance of a judicial act without examining and evaluating all evidence regarding the circumstances on which the debtor insisted, the defendant in support of his counterarguments on according to the statement of the financial manager and obviously essential for the correct resolution of the dispute, which actually led to a violation of the rights and legitimate interests of the defendant, in connection with which the appealed definition cannot be recognized as meeting the requirements.
The position of the first instance and the appeal
The courts of two instances satisfied the requirements of the manager.The court of first instance pointed out that the debtor, at the date of conclusion of the contract, had unfulfilled obligations to other creditors, the debt to which was subsequently included in the register of claims, the absence of counter-performance under the disputed transaction (the fact of transfer of funds has not been proven), the unequal value of the counter-performance provided for in the transaction (the price of vehicles in the contract is underestimated twice in comparison with its market value), which, from the position of the court, indicates the actual affiliation of the debtor with the defendant.
The appeal refused to restore the time limit for appealing the ruling.
The position of the District Court
The District Court did not agree with the position of the lower courts, canceled their judicial acts and sent the case for a new hearing (Decision of the Arbitration Court of the West Siberian District of January 16, 2024 in case No. A45-32716/20). In arguing its position, the court cited the following arguments:• During the consideration of this separate dispute, the debtor provided explanations that the car was sold after a significant accident, and this justifies its low price for the disputed transaction.
• Consideration of a separate dispute on the merits of obtaining information from the traffic police about the presence (absence) of registered accidents, information from the insurance company about the occurrence of an insured event in relation to a vehicle led to the adoption by the court of first instance of a judicial act without examining and evaluating all evidence regarding the circumstances on which the debtor insisted, the defendant in support of his counterarguments on according to the statement of the financial manager and obviously essential for the correct resolution of the dispute, which actually led to a violation of the rights and legitimate interests of the defendant, in connection with which the appealed definition cannot be recognized as meeting the requirements.
19.01.2024
