Practices on individuals’ protection from unlawful requirements of a financial manager related to challenging the purchase and sale transactions and gift of the debtor’s real estate and the reversion of this property to the bankruptcy asset

The legal position of the bankruptcy trustee was based on the formal grounds for the illegality of the transactions of purchase and sale and donation of immovable property, which was based on the fact that transactions were made between persons having family relations and were made during the insolvency period of the debtor.

However, these arguments are based on the misinterpretation and application of the law governing civil law relations between individuals, namely, in kinship the debtor’s alienation of property in favor of the person concerned is proved by the execution of a transaction in order to cause damage to creditors’ property rights.

The case file does not provide evidence that, in making a deal, the parties intended to realize any unlawful interest. Also, the financial manager did not correctly determine the date of insolvency of the debtor.

As part of the litigation, evidence was presented and a legal position was formed, confirming the fallacy of the stated requirements of the financial manager and their inconsistency with the actual circumstances of the court case.

Result:

The judicial authority refused to satisfy the requirements of the financial manager for challenging the Client's transactions.