RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
VERIFICATION OF THE AUTHENTICITY OF THE EXAMINATION IF THERE ARE QUESTIONS ABOUT THE EXPERT'S PROFESSIONALISM.
The manager applied to the court to challenge the car purchase agreement (case no. A 47-15606/22).
Satisfying the claims stated by the manager in full, the courts proceeded from the fact that the contested transaction was made with unequal counter-provision, if the debtor had signs of insolvency and insufficient property at the time of its commission, which, in turn, led to a decrease in the debtor's bankruptcy estate and a violation of the rights and legitimate interests of the company's creditors to the fullest satisfaction their demands.
The cassation sent the dispute for reconsideration, noting that when evaluating the debtor's transactions in bankruptcy, it is necessary to consider not only each transaction separately, but also to analyze the cumulative economic effect of all interrelated transactions over the disputed period. A formal approach to only one episode of property alienation without taking into account the overall picture of the debtor's financial transactions can lead to an incorrect assessment of the legality of transactions.
Special attention should be paid to the objectivity of experts assessing the market value of the disputed property. Doubts about the impartiality of an expert, especially if there is evidence of his criminal responsibility in the field of evaluation activities, are sufficient grounds for the appointment of a re-examination. The impossibility of challenging an expert due to the lack of information about his criminal past prior to the examination cannot be an obstacle to reviewing the conclusions of the initial examination.
Photo: Freepik
Satisfying the claims stated by the manager in full, the courts proceeded from the fact that the contested transaction was made with unequal counter-provision, if the debtor had signs of insolvency and insufficient property at the time of its commission, which, in turn, led to a decrease in the debtor's bankruptcy estate and a violation of the rights and legitimate interests of the company's creditors to the fullest satisfaction their demands.
The cassation sent the dispute for reconsideration, noting that when evaluating the debtor's transactions in bankruptcy, it is necessary to consider not only each transaction separately, but also to analyze the cumulative economic effect of all interrelated transactions over the disputed period. A formal approach to only one episode of property alienation without taking into account the overall picture of the debtor's financial transactions can lead to an incorrect assessment of the legality of transactions.
Special attention should be paid to the objectivity of experts assessing the market value of the disputed property. Doubts about the impartiality of an expert, especially if there is evidence of his criminal responsibility in the field of evaluation activities, are sufficient grounds for the appointment of a re-examination. The impossibility of challenging an expert due to the lack of information about his criminal past prior to the examination cannot be an obstacle to reviewing the conclusions of the initial examination.
Photo: Freepik
10.06.2025
