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The Supreme Court of Russia distributed the burden of proof when challenging the transactions of debtor

The Supreme Court of Russia considered the case at the request of a bankruptcy trustee, who challenged a number of transactions of the debtor on the alienation of his property. The opinions of the lower instances turned out to be different: the court of first instance satisfied the claim, then the court of appeal and the district court rejected it, citing that the trustee did not provide sufficient evidence of the disparity of the transaction. However, the economic board of the Supreme Court...

Printouts from Avito become evidence in a bankruptcy case

The Arbitration Court of the North-Western District considered the case on the complaint of the tax service, the representatives of which challenged the contract for the sale of a car owned by the debtor at a significantly lower price. The courts of first instance and appeal rejected the applicant's arguments, but the district board considered its position to be unfounded. Three years before the company was declared bankrupt, its head sold a car belonging to the company to an individual at a price...

What to do with a chain of transactions with the debtor's property

The Supreme Court considered the complaint of the bankrupt company, which remained dissatisfied with the decisions of lower instances. The judges successively recognized the transaction on the alienation of the land plots by the applicant as invalid and made a decision to return the money paid to the buyer's bankruptcy estate. However, the Supreme Court of the Russian Federation pointed out that not everything was so simple in the case under consideration. The situation began to unfold even before...

How to invalidate a deal with the debtor's foreign real estate

The Arbitration Court of the Moscow District considered the case based on the complaint of a debtor, whose transaction, at the request of a bankruptcy trustee, was declared invalid by the lower authorities. The trustee considered the rights of creditors violated in a situation of alienation of the bankrupt’s house in Cyprus in favor of his young daughter. Considering the application, the court of first instance indicated that the disputed agreement was concluded in a situation of insolvency of...

Supreme Court of Russia clarified the features of enforcement immunity

The case on invalidation of the transaction on the donation of expensive real estate owned by the debtor was transferred for consideration of the Supreme Court of the Russian Federation. The claim was initiated by the bankruptcy trustee, but not all judges supported him. Initially, the first instance and appeal instances rejected his claims, then the district canceled the rulings and returned the case for reconsideration. After that, the application was satisfied, the judicial act resisted the...

INACTION OF BANKRUPTCY TRUSTEE BECAME A GROUND FOR THE CANCELLATION OF JUDICIAL ACTS

The case on invalidation of transactions involving the transfer of the debtor's funds to a third party was passed to the arbitration court for consideration. At the same time, the money was transferred by a bailiff within the framework of enforcement proceedings, but the bankruptcy trustee saw the preferable satisfaction of the interests of one creditor over others in this action. The courts of the first two instances satisfied the claim, but the representatives of cassation expressed different...

THE SUPREME COURT OF RUSSIA ADMITTED OFFSETTING OF CLAIMS UNDER INDEPENDENT CONTRACTOR AGREEMENT IN BANKRUPTCY

The Economic Board of the Supreme Court of the Russian Federation considered the case at the request of a bankruptcy trustee. He demanded that the transaction must be invalidated by offsetting similar claims, and the parties to the agreement were the contractor (bankrupt company) and the customer. The courts of three instances sided with the applicant, but the Supreme Court of Russia rejected his claim him. The essence of the dispute arose as a result of the parties' performance of a contract...

THE SUPREME COURT COMPARED CHALLENGING OF TRANSACTIONS WITH CREDITORS WITH A CLASS ACTION LAWSUIT

The Board of the Supreme Court considered the case on the termination of proceedings at the request of one of the debtor's creditors. He first initiated a dispute to invalidate the transaction with the participation of the bankrupt company, but subsequently resigned the claims. The courts accepted the resignation and the proceedings were terminated, but the manager and other creditors did not agree with this state of affairs. At the same time, the arguments of the judges of three instances boiled...

CAN A SPOUSE LIQUIDATE A DEBT OF A BANKRUPT?

When considering a case on challenging the repayment of the common debt of the spouses by the debtor's wife, the courts could not come to a common opinion, and the manager insisted on recognizing the transaction as invalid. But the Supreme Court put an end to the issue, having explained its position quite simply. Initially, the debt arose from a loan agreement in which the spouses acted as co-borrowers, and their apartment was pledged to the bank. Subsequently, the husband was declared insolvent...

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