The financial manager filed into the court an application to invalidate transactions on transfer of funds from the debtor to a bank card of our client.
The applicant insisted that both parties aimed at withdrawing assets while there were signs of the debtors insolvency.
A mandatory condition to recognize a suspicious transaction as invalid one, in accordance with clause 2, Article 61.2 of the Bankruptcy Law, is the inflicted damage to the property rights of creditors. When establishing this circumstance, one must determine that a purpose to cause harm exists, and that the counterparty was aware of this purpose.
During consideration of the case, we were able to prove that the transactions had been made by the debtor in order to fulfill real contractual legal relations, which had been confirmed by the parties, and that at the time of the transfer the recipient was not aware and could not be aware that the debtor had unfulfilled obligations to third parties.
Thus, on September 12, 2022, the Krasnodar Region Commercial Court decided to dismiss the applicants claims.
The clients interest were represented by ABYs lawyer Alexey Demekhin.Back