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Is it possible to challenge the set-off of claims in the debtor's contractual relationship?

The Supreme Court of the Russian Federation considered the case of challenging the agreements on set-off of claims that arose between the contractor and the customer. The courts of three instances ... ..., but the economic board did not come to such a conclusion. The initiator of the process was the bankruptcy trustee of the debtor company, which, in turn, performed contract work under the contract. As part of legal relations, just before the bankruptcy ...

THE DISTRICT COURT OPPOSED THE TRANSFER OF REAL ESTATE TO GRANDCHILDREN OF DEBTOR BY GIFT

... bankruptcy estate, including land, the area of ​​which significantly exceeds the size of the building. As for the signs of insolvency, at the time of a transfer of real estate, according to the district court, there still were some. The creditor challenging the transaction was the bank with which the debtor entered into a surety agreement. At the same time, the main borrower was a company, in which the debtor was the only participant. At a time when the borrower has already begun to admit delays in fulfilling obligations and accumulate debts, its ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

... of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with the applicant and satisfied the claim. Then the company, which received payment under the lease agreement, applied to the Supreme Court of Russia, which sided with ...

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