TO CHALLENGE A TRANSACTION ON SPECIAL GROUNDS, IT IS NECESSARY THAT IT VIOLATES THE RIGHTS OF CREDITORS

In the framework of the bankruptcy case (No. A41-2555/21), the manager appealed to the court with a statement challenging the debtor's money transfers in favor of the defendant.

The courts of two instances granted the application, based on the fact that the disputed transactions were made within three years before accepting the application for declaring the debtor bankrupt. In addition, the courts noted the actual affiliation of the parties and the lack of evidence of the reality of the legal relations of the parties.

The cassation, sending the dispute for new consideration, pointed out that the courts, when considering this dispute, did not establish the key elements of the invalidity compositions provided for by special grounds, which violates the principles of equality and adversarial nature of the parties in the process.

Considering that a competitive challenge can be carried out in the interests of only those creditors whose claims existed at the time the debtor committed the alleged illegal action, the courts need to establish the time of occurrence of signs of insolvency of the debtor in order to properly resolve the dispute. In the absence of creditors whose claims are comparable to the size of the disputed transactions, the intention to harm them cannot arise from the debtor or his counterparty.