RusBankrot
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16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
WITHOUT EVIDENCE OF THE DEBTOR'S FULFILLMENT OF ITS OBLIGATIONS BEFORE THE ASSIGNMENT, IT IS TOO EARLY TO CHALLENGE THE TRANSACTION
The manager applied to the court to challenge the assignment under the lease agreement (case no. A41-61985/21).
Satisfying the application, the courts of two instances proceeded from the fact that the debtor had lost the opportunity to acquire ownership of the vehicle, while paying most of the lease payments, in the absence of receiving an equivalent counter-provision under the assignment agreement, which cannot be considered beneficial for the debtor.
The district court sent the dispute for reconsideration and pointed out that the bank statement on the debtor's bank account confirming the debtor's payment of lease payments, as established by the courts as proof of the debtor's fulfillment of obligations under the leasing agreement, was not presented in the case file, and therefore the calculation of the balance of mutual grants under the leasing agreement made by the courts is not based on the available There is evidence in the materials of a separate dispute.
Satisfying the application, the courts of two instances proceeded from the fact that the debtor had lost the opportunity to acquire ownership of the vehicle, while paying most of the lease payments, in the absence of receiving an equivalent counter-provision under the assignment agreement, which cannot be considered beneficial for the debtor.
The district court sent the dispute for reconsideration and pointed out that the bank statement on the debtor's bank account confirming the debtor's payment of lease payments, as established by the courts as proof of the debtor's fulfillment of obligations under the leasing agreement, was not presented in the case file, and therefore the calculation of the balance of mutual grants under the leasing agreement made by the courts is not based on the available There is evidence in the materials of a separate dispute.
03.09.2024
