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 THE CREDIT IS NOT COUNTED
The manager applied to the court to challenge the contract concluded between the debtor and the defendant and the act of setting off counterclaims signed between them (case no. A19-18365/20).
In rejecting the application, the courts of the two instances proceeded from the reality of the defendant's performance of work under the contract, the equivalence of the counter-provision, as well as from the fact that the disputed transactions were made in the course of the debtor's normal business activities, and the amount of obligations assumed under the transactions did not exceed the established threshold, and therefore recognized that they could not be challenged. The courts also concluded that the existence of a set of conditions for invalidating the contested transactions was unproven.
The cassation sent the dispute for reconsideration, pointing out that the circumstances of the provision of borrowed funds to the defendant and the compliance of this action with the debtor's usual business activities had not been investigated. The disputed act of offsetting does not fall under the criteria of balancing, since obligations under contracts that are not elements of a single legal relationship have been terminated.
The court noted that the courts had not checked how the defendant had spent the funds provided by the debtor under the loan agreement in the period before the conclusion of the contract. There was also no assessment of the need to conclude a contract if the debtor has its own labor resources to perform these works.
Photo: Freepik
In rejecting the application, the courts of the two instances proceeded from the reality of the defendant's performance of work under the contract, the equivalence of the counter-provision, as well as from the fact that the disputed transactions were made in the course of the debtor's normal business activities, and the amount of obligations assumed under the transactions did not exceed the established threshold, and therefore recognized that they could not be challenged. The courts also concluded that the existence of a set of conditions for invalidating the contested transactions was unproven.
The cassation sent the dispute for reconsideration, pointing out that the circumstances of the provision of borrowed funds to the defendant and the compliance of this action with the debtor's usual business activities had not been investigated. The disputed act of offsetting does not fall under the criteria of balancing, since obligations under contracts that are not elements of a single legal relationship have been terminated.
The court noted that the courts had not checked how the defendant had spent the funds provided by the debtor under the loan agreement in the period before the conclusion of the contract. There was also no assessment of the need to conclude a contract if the debtor has its own labor resources to perform these works.
Photo: Freepik
23.05.2025
