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THE VOLGA CASSATION HAS FIGURED OUT THE CORRECT APPLICATION OF RESTITUTION FOR A BANKRUPTCY TRANSACTION

The manager applied to the court to challenge the purchase and sale agreement (case no. A65-5960/22). The court of first instance refused to satisfy the claims of the manager, the appeal satisfied the application, based on the fact that the price of the disputed transaction is ...

FEATURES OF RESTITUTION IN CONTESTING LEASING TRANSACTIONS

... gratuitous, the debtor has not received a counter-provision of the lease payments made by him, which were actually paid by him as the lessee to repay the purchase price. The cassation sent the dispute for reconsideration regarding the application of restitution, pointing out the following: • Having ascertained the significant disparity of the counter-grants of the parties under the contracts, the courts declared them invalid, applying the consequences of the invalidity of transactions in the form of collection of funds into the bankruptcy estate of the debtor in the amount of the difference between the estimated value of cars and the redemption value paid by the defendant. • The specified amount cannot be considered as equal to the amount of lease payments made by the debtor,...

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