Dispute regarding the invalidation of the Contract

26.04.2019
Client's area:
Production installation company with extensive experience in the construction market
Review term:
13 months
Task:
Protection of a client in a bankruptcy case in a separate dispute regarding the invalidation of a Contract Agreement and payments made on it in the amount of more than 17,000,000 rubles
Bankruptcy trustee filed a statement challenging the transaction on the basis of paragraph 1-2 articles. 61.2 of the Bankruptcy Law, and also on the basis of Art. 10, 168 of the Civil Code


Our lawyers were able to correctly justify the court the absence of unequal counter-performance in the framework of the disputed transactions, as well as the fact that the arguments of the bankruptcy trustee contradict the actual circumstances of the case. Moreover, we were able to prove by document that the debtor did not have signs of insolvency during the disputed period, and that the bankruptcy trustee, in violation of the requirements of Art. 65 APC of the Russian Federation, no evidence of damage to property rights of creditors as a result of transactions

Result:


By the ruling of the Moscow Arbitration Court of April 26, 2019 in satisfying the application of the bankruptcy trustee on the recognition of the Contract as invalid and the invalidation of transfers from the debtor's current account in favor of our client for a total amount of 17 210 000 rubles. - denied in full

Gushin Fedor Aleksandrovich
Deputy Chairman of the Board of MBA “MAGNETAR”, lawyer, senior partner