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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...

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 ...

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

... 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 opinion. The fact is ...

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, ...

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

... 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 the recognition of the real estate seller bankrupt. A month ...

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 ...

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

... However, the Supreme Court looked at the situation from a different angle and compared the actions of creditors to challenge the debtor's transaction with a class action lawsuit. Willing to recognize any agreement as an invalid transaction, creditors in bankruptcy primarily act in the interests of the debtor's property, whose bankruptcy estate will be replenished if the claim is satisfied. And after that, the amount received will be divided between all the creditors in the queue, but not only will go ...

CAN A SPOUSE LIQUIDATE A DEBT OF A BANKRUPT?

... over other participants in the process and tried to recognize the payment as invalid. The court of the first instance dismissed the claim, having found no grounds for it, but the appeal and cassation considered the actions unlawful and sided with the bankruptcy manager. The Supreme Court put everything in its place, having indicated that in such cases, payments made either by the debtor himself or at his expense can be recognized as invalid. In the situation under consideration, the payment of the ...

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