RusBankrot
We know everything about bankruptcy
14/01/2026
Wednesday
THIS DAY IN HISTORY:
14 January 
1970 The clock of the "end of the world" was turned one minute back.
1970 The clock of the "end of the world" was turned one minute back
1970 The Moscow region was formed.
1970 The Moscow region was formed
1970 Peter I ordered to the Russian nobles to wear short European suits instead of old long clothes.
1970 Peter I ordered to wear short European costumes instead of old long clothes to the Russian nobles
14 January
1970 The clock of the "end of the world" was turned one minute back.
1970 The clock of the "end of the world" was turned one minute back
1970 The Moscow region was formed.
1970 The Moscow region was formed
1970 Peter I ordered to the Russian nobles to wear short European suits instead of old long clothes.
1970 Peter I ordered to wear short European costumes instead of old long clothes to the Russian nobles
WHEN THE PROPERTY IS TRANSFERRED TO THE ACCOUNT OF AN OBLIGATION THAT HAS NOT YET OCCURRED 16+
The creditor and the manager appealed to the court with a demand to invalidate the loan agreement and the settlement agreement between the debtor and the lender (case no. A41-50053/23).
In rejecting the application, the courts of the two instances proceeded from the fact that the debtor and the lender had concluded a loan agreement secured by a pledge of property. The loan repayment obligations were terminated by concluding a settlement agreement. The courts did not find evidence that the contested transactions were committed with the aim of harming creditors' property rights. The fact of the transfer of funds under the loan agreement was established by the decision of the district court in another case.
The cassation sent the dispute for reconsideration, based on the fact that the lower courts did not actually examine the applicants' arguments that the loan agreement could have been penniless. Also, the courts did not properly check the issue of the need to conclude a settlement agreement earlier than the fixed repayment date, which may indicate that the lender knows the signs of insolvency or insufficiency of the debtor's property.
In addition, no assessment was given of the lender's actions to obtain property for compensation in excess of the amount owed. The burden of proving the existence of a claim based on the transfer of funds to the debtor was not sufficiently considered by the courts. The establishment of these circumstances is necessary to exclude unfair behavior by the parties to the loan agreement aimed at artificially increasing the accounts payable of the bankrupt debtor. The results of the case review by the court of general jurisdiction do not affect the assessment of the circumstances investigated in the arbitration case, since the disputes are not identical.
Photo: Freepik
In rejecting the application, the courts of the two instances proceeded from the fact that the debtor and the lender had concluded a loan agreement secured by a pledge of property. The loan repayment obligations were terminated by concluding a settlement agreement. The courts did not find evidence that the contested transactions were committed with the aim of harming creditors' property rights. The fact of the transfer of funds under the loan agreement was established by the decision of the district court in another case.
The cassation sent the dispute for reconsideration, based on the fact that the lower courts did not actually examine the applicants' arguments that the loan agreement could have been penniless. Also, the courts did not properly check the issue of the need to conclude a settlement agreement earlier than the fixed repayment date, which may indicate that the lender knows the signs of insolvency or insufficiency of the debtor's property.
In addition, no assessment was given of the lender's actions to obtain property for compensation in excess of the amount owed. The burden of proving the existence of a claim based on the transfer of funds to the debtor was not sufficiently considered by the courts. The establishment of these circumstances is necessary to exclude unfair behavior by the parties to the loan agreement aimed at artificially increasing the accounts payable of the bankrupt debtor. The results of the case review by the court of general jurisdiction do not affect the assessment of the circumstances investigated in the arbitration case, since the disputes are not identical.
Photo: Freepik
13.01.2026
