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 REPAYMENT OF MANDATORY PAYMENTS BECOMES QUESTIONABLE
The manager applied to the court for invalidation of the transaction on the transfer of funds to the authorized body (case no. A46-6617/21).
In rejecting the application, the courts of the two instances proceeded from the fact that the write-off of funds was carried out in compliance with the procedure for compulsory collection of tax debts, was systematic in nature, the order of which was determined by the credit institution, which did not have information about the presence of other creditors. Also, according to the courts, the act of filing an application for bankruptcy of the debtor by the authorized body to the court does not indicate that the debtor is aware of the signs of insolvency or insufficient property.
The cassation referred the dispute for reconsideration, noting the following. The statement that the collection of debt on mandatory payments in accordance with the established procedure is not an ordinary business activity is subject to rejection. The determination of whether such behavior was common for the debtor is carried out by comparing it with the previous performance of the obligation to pay mandatory payments.
In addition, the courts pointed out that there was no evidence that the authorized body was aware of the debtor's overdue monetary obligations to other creditors. As follows from the case file, the authorized body applied to the court for declaring the debtor insolvent under the simplified procedure of the absent debtor, in support of which it is indicated that the debtor does not have property to cover court costs. At the same time, a message from another creditor about the intention to file for bankruptcy was previously published.
As the cassation noted, since part of the payments were made after the introduction of the bankruptcy supervision procedure, this excludes the ignorance of the authorized body about the debtor's outstanding obligations to creditors. Moreover, the disputed payments were not investigated by the courts in relation to the order of their satisfaction (current or registered), as well as the existence of arrears on current payments to other creditors and the awareness of the authorized body about this were not established.
Photo: Freepik
In rejecting the application, the courts of the two instances proceeded from the fact that the write-off of funds was carried out in compliance with the procedure for compulsory collection of tax debts, was systematic in nature, the order of which was determined by the credit institution, which did not have information about the presence of other creditors. Also, according to the courts, the act of filing an application for bankruptcy of the debtor by the authorized body to the court does not indicate that the debtor is aware of the signs of insolvency or insufficient property.
The cassation referred the dispute for reconsideration, noting the following. The statement that the collection of debt on mandatory payments in accordance with the established procedure is not an ordinary business activity is subject to rejection. The determination of whether such behavior was common for the debtor is carried out by comparing it with the previous performance of the obligation to pay mandatory payments.
In addition, the courts pointed out that there was no evidence that the authorized body was aware of the debtor's overdue monetary obligations to other creditors. As follows from the case file, the authorized body applied to the court for declaring the debtor insolvent under the simplified procedure of the absent debtor, in support of which it is indicated that the debtor does not have property to cover court costs. At the same time, a message from another creditor about the intention to file for bankruptcy was previously published.
As the cassation noted, since part of the payments were made after the introduction of the bankruptcy supervision procedure, this excludes the ignorance of the authorized body about the debtor's outstanding obligations to creditors. Moreover, the disputed payments were not investigated by the courts in relation to the order of their satisfaction (current or registered), as well as the existence of arrears on current payments to other creditors and the awareness of the authorized body about this were not established.
Photo: Freepik
05.11.2025
