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CHALLENGING TRANSACTIONS ON CORPORATE GROUNDS IN THE FRAMEWORK OF A BANKRUPTCY CASE

Challenging transactions in bankruptcy cases is possible not only on the grounds provided for in Chapter III.1. Federal Law No. 127-FZ dated 26.10.2002 "On Insolvency (Bankruptcy)" (hereinafter referred to as the Bankruptcy Law). The general civil grounds for the invalidity ...

CONTESTING A TRANSACTION BETWEEN A DEBTOR AND AN EX-FOUNDER COMPLICATED BY A CORPORATE CONFLICT

... debtor's activities was proved. At the same time, all possible risks of entrepreneurial activity and losses fell on the debtor. On such grounds, the court declared the set-off invalid and restored the debtor's right of claim to the defendant. After the transaction was declared invalid, the bankruptcy trustee appealed to the court with an application for reconsideration of the decision to refuse debt collection under a new circumstance.

SUN: THE INVALIDITY OF THE TRANSACTION DOES NOT ENTAIL EXEMPTION FROM THE COSTS OF OPERATING THE BUILDING

... able to save about 3.6 million rubles (case no. A40-205506/2021). defendant was able to save about 3.6 million rubles (case no. A40-205506/2021). The premises in the plaintiff's building were transferred to the defendant's ownership, however, the transaction was subsequently declared invalid, and restitution was not applied. This circumstance was used by the courts of three instances as a basis for refusing to satisfy the claim – due to invalidity, the defendant had no obligation to maintain the ...

THE FACT OF MAKING UNPROFITABLE TRANSACTIONS IS NOT ENOUGH FOR A SUBSIDIARY

In the framework of the bankruptcy case (No. A41-58284/15), the courts considered applications for bringing the debtor's beneficiaries to subsidiary liability. The former head of the debtor was listed among the defendants. In its part, the statement was justified by the fact of two transactions: an indemnity under which 2 apartments of the debtor were transferred to an individual, and an indemnity under which the debtor's receivables were transferred to another citizen. The courts of two instances satisfied the application, the ...

INCOMPLETE PAYMENT UNDER THE CONTRACT IS A SIGNIFICANT VIOLATION OF ITS TERMS

The plaintiffs sent a statement of claim for the termination of the contract of sale and the return of the property to the applicants' property due to the fact that the defendant did not fully pay the cost of the object. The courts of the first instance shared the position of the applicants and satisfied their claims, however, they did not support this decision in the appeal and cassation, referring to the fact that the plaintiff had no right to demand termination of the contract in connection...

THE SUPREME COURT WILL DEAL WITH THE FAKE INTRODUCTION OF A NEW PARTICIPANT INTO SOCIETY ON THE CLAIM OF A SPOUSE

The plaintiff filed a lawsuit against his former spouse and the company to challenge transactions aimed at alienating the common property of the spouses – 90% of the shares in the authorized capital of the company. The plaintiff motivated his claim by the fact that the transaction for the introduction of a new participant into the ...

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