October 16 Main results of the day
Currently in judicial practice on bankruptcy cases, both creditors and arbitration managers actively use the opportunity to challenge transactions involving bankrupt organizations to replenish the bankruptcy estate of debtors with cash. In some cases, participants in a legal dispute abuse this legal mechanism and try to dispute by any means even transactions that were clearly not concluded with the purpose of causing harm to creditors.
From December 2014 to January 2015, our client delivered goods to his counterparty for a total amount of 2.5 million rubles. The payment for the delivered goods in full was made by another third party on behalf of the buyer of the goods, which corresponds to civil law, including article 313 of the Civil Code of the Russian Federation.
After almost three years, the supplier of the goods could not have thought that these transactions would cause him any legal troubles, but in the second half of 2018 he received a statement from bankruptcy Trustee of the buyer to invalidate payments made by a third party in his favor.
After receiving the relevant application, the supplier of the goods turned to us for help, because he was afraid of unjustified recovery of any funds from him.
Lawyers of MCBA “Bureau of Lawyers “De jure” analyzed the received documents and developed a strategy to counter the requirements of a bankruptcy Ttrustee who was declared bankrupt.
The legal position in this case was based on proving the good faith of the parties to the transaction by providing the primary documentations proving the real transfer of the ordered products to the buyer, as well as on the substantiated justification of the impossibility of applying special rules of the Federal Law of 26.10.2002. №127 // “Of insolvency (bankruptcy)” due to the applicant missing the established deadlines for contesting the transactions.
In addition, in the prepared response to the application for declaring transactions invalid, we asked the court to pay attention to a number of details that directly or indirectly indicate that the Applicant didn’t collect the necessary evidence base confirming intentions of the parties of the transaction directed on any infringement of the rights of other creditors.
The documents to which we referred were sent in advance to the court and the persons participating in the case.
01.11.2018 the Arbitration Court of St. Petersburg and Leningrad region having heard the position of the bankruptcy Trustee of the buyer, as well as our objections, completely refused the applicant to recognize the disputed transactions invalid
The bankruptcy Trustee of our opponent appealed to a higher court, in which he demanded to cancel the ruling of the court of the first instance and fully satisfy his requirements.
In response, we prepared and sent objections to the court of appeal, which additionally justified the illegality of the requirements of the second party.
16.01.2019 in the Thirteenth Arbitration Court of Appeal (St. Petersburg), a hearing was held to consider the appeal, in which both the bankruptcy Trustee of the buyer and our lawyer responded to the questions of the court and provided explanations and legal justifications for the current situation.
After hearing the parties` positions, the Thirteenth Arbitration Court of Appeal dismissed the bankruptcy Trustee`s complaint, leaving the ruling of the court of the first instance unchanged. Thus, the supplier of goods, faithfully fulfilling its obligations under transactions with the buyer of its products, avoided an unlawful decision and unjustified losses.
The position on the case was prepared by lawyer of MCBA “Bureau of Lawyers ”De jure” Y. S. Bulut
Lawyer of MCBA “Bureau of Lawyers “De jure” R.K.Gitinov represented the interests of our client in the court of the first instance.
Lawyer of MCBA “Bureau of Lawyers “De jure” Y.S Bulut represented the interests of our client in the court of appeal.
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