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.
WHEN FAMILY TRANSACTIONS BECOME THE OBJECT OF BANKRUPTCY DISPUTE
The manager appealed to the court with a demand to invalidate the chain of transactions for the alienation of real estate (case no. A56-120754/22).
In granting the application, the courts of the two instances proceeded from the fact that the prenuptial agreement was concluded not with the aim of establishing a separate ownership regime for more effective asset management, but with the aim of withdrawing liquid assets from the debtor's property sphere. This led to a decrease in the potential bankruptcy estate and causing property damage to the creditor.
Moreover, it was established that at the time of the conclusion of the marriage contract, the debtor already had signs of insolvency, and the other party to the transaction, being the debtor's spouse, could not have been unaware of this. Thus, all subsequent donation transactions were also aimed at removing property from the debtor's property and indicate an agreed purpose of harming creditors' property rights.
The cassation refused to satisfy the application, guided by the fact that the facts of concluding a marriage contract and the subsequent alienation of property to the debtor's relatives are within the framework of ordinary family relations and are not unusual behavior of participants in civil turnover.
The defendants provided explanations regarding the economic feasibility of concluding a prenuptial agreement, including the possibility of receiving tax benefits. These explanations have not been refuted by the persons involved in the case.
The mere fact that the parties to the transactions are interested (family ties) cannot serve as a basis for invalidating them. Donation agreements are of a personal and confidential nature and are usually concluded between related parties.
The financial manager did not provide evidence confirming that when concluding the disputed transactions, the parties pursued a goal other than providing housing for the debtor's family members, which complies with family law.
With regard to the limitation period, the Court of Cassation indicated that the financial manager had access to information about the transactions long before submitting the application. After receiving the extracts from the Unified State Register of Legal Entities, he did not take the necessary measures to promptly consider the issue, which led to the one-year statute of limitations being missed.
Photo: Freepik
In granting the application, the courts of the two instances proceeded from the fact that the prenuptial agreement was concluded not with the aim of establishing a separate ownership regime for more effective asset management, but with the aim of withdrawing liquid assets from the debtor's property sphere. This led to a decrease in the potential bankruptcy estate and causing property damage to the creditor.
Moreover, it was established that at the time of the conclusion of the marriage contract, the debtor already had signs of insolvency, and the other party to the transaction, being the debtor's spouse, could not have been unaware of this. Thus, all subsequent donation transactions were also aimed at removing property from the debtor's property and indicate an agreed purpose of harming creditors' property rights.
The cassation refused to satisfy the application, guided by the fact that the facts of concluding a marriage contract and the subsequent alienation of property to the debtor's relatives are within the framework of ordinary family relations and are not unusual behavior of participants in civil turnover.
The defendants provided explanations regarding the economic feasibility of concluding a prenuptial agreement, including the possibility of receiving tax benefits. These explanations have not been refuted by the persons involved in the case.
The mere fact that the parties to the transactions are interested (family ties) cannot serve as a basis for invalidating them. Donation agreements are of a personal and confidential nature and are usually concluded between related parties.
The financial manager did not provide evidence confirming that when concluding the disputed transactions, the parties pursued a goal other than providing housing for the debtor's family members, which complies with family law.
With regard to the limitation period, the Court of Cassation indicated that the financial manager had access to information about the transactions long before submitting the application. After receiving the extracts from the Unified State Register of Legal Entities, he did not take the necessary measures to promptly consider the issue, which led to the one-year statute of limitations being missed.
Photo: Freepik
24.10.2025
