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Judical practices and cases

21 July 2017

Bankruptcy Disputes. Challenging the debtor's transactions

Результат:

The claim settled in full

Point of argument

Challenging the debtor’s transactions of property and returning it to the bankruptcy estate.

Plaintiff’s case

The Federal Tax Service filed a bankruptcy petition against a consumer cooperative with a commercial court. The court declared the debtor insolvent, appointed a bankruptcy manager and introduced a liquidation procedure. Later there was a change of managers (the first candidate was removed from office).

The new bankruptcy manager filed a lawsuit in court demanding to invalidate the transfer of the debtor’s property to the creditor and return it to the bankruptcy estate.

Defence

The creditor provided the use of funds to a third party. The property of the consumer cooperative was used as a method of repayment of its own debt obligations.

Problem solution stages

  • case analysis;
  • preparation and filing of a claim and related documents in court.

Court judgement

With the help of the legal bureau lawyers, the bankruptcy manager challenged in court the debtor’s transactions of property. The court enforced implications of an invalidated transaction by returning the property transferred to the bankruptcy estate.

With the help of the legal bureau lawyers, the court declared well pleaded the creditor’s claims for the debtor’s insolvency (bankruptcy) in the simplified procedure, and opened a liquidation procedure against the debtor.

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