THEY GAVE MILLIONS OF ROYALTIES, AND THEN WENT BANKRUPT. AND WHAT TO DO?

THEY GAVE MILLIONS OF ROYALTIES, AND THEN WENT BANKRUPT. AND WHAT TO DO?

THEY GAVE MILLIONS OF ROYALTIES, AND THEN WENT BANKRUPT. AND WHAT TO DO?
In the framework of the bankruptcy case (No. A56-116888/17), the following dispute came to the courts for consideration: an application was filed to challenge the transfers of funds from the account of the bankrupt debtor in favor of lawyers.

The purpose of such transfers was to provide legal services to represent the interests of the debtor's head in a criminal case on charges of attempted fraud.

Following the results of the new review, the courts recovered funds from each of the lawyers in the amount of more than 2 million rubles in favor of the bankruptcy estate, indicating that such significant transfers caused harm to creditors, which was the reason for the conclusion of the relevant contracts. This is reported by the portal Pravo.ru

The lawyers filed cassation complaints with the Supreme Court of the Russian Federation, which referred them to the judicial board for consideration.

The courts ignored the conclusions of the Supreme Court of the Russian Federation, made by him in the definitions in the same case, where the court said about the public-legal component of the provision of legal services by lawyers, as well as that the direct interest in legal relations with lawyers was not the bankrupt debtor, but his head. And the context of such legal relations was a criminal case where lawyers represented his interests, in connection with which it is impossible to talk about the existence of an intention to harm creditors.

The Supreme Court also reminded the lower instances of this in the framework of the current dispute, pointing out that by itself the conclusion by a lawyer of a contract for the provision of paid services to this organization or its employee does not indicate the direction of the behavior of the customer and the contractor to harm the creditors of the principal.

In the transfer definition, there is a hint of the highest judicial instance to disagree with the conclusions of lower courts regarding the improper nature of the evidence presented by lawyers in support of the fact of rendering services, as well as the rejection of the arguments by the Supreme Court of the Russian Federation that procedural rules on court costs are applicable to such a category of dispute, which allow for an arbitrary reduction in the amount of remuneration of the person providing services. legal services.


12.10.2022