Bankruptcy. Projects

CHALLENGING OF TRANSACTIONS
In a citizen’s bankruptcy case, a marriage contract surfaced, under the terms and conditions of which, in the event of dissolving the marriage at the discretion of the debtor, the title to ¾ of all the marital property of the spouses would transfer in favor of the wife. Based on preliminary estimates, such a deviation from the general rule established by family law could have resulted in damag...
 15 16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev, Anna Andreyeva
The bankruptcy case examination revealed loan agreements between the debtor and an affiliated person totaling to more than RUB 600 million. KIAP was tasked with litigation in challenging said transactions and obtaining their invalidation. The court of first instance refused to recognize the transactions as invalid, deeming that, at the time of challenging, the transactions did not ...
 7 16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev, Anna Andreyeva
As transpired in examination of a bankruptcy case, the debtor’s spouse had sold land plots with the total area of more than 200,000 square meters and worth at least RUB 270 million. Furthermore, the money was actually transferred neither to the debtor’s wife nor to the debtor himself. The person affiliated with the debtor had acted as the buyer. The complication in the dispute was ...
 5 16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev, Anna Andreyeva
A Principal, who acquired an IT company, received a request from the bankruptcy trustee of the former parent company undergoing bankruptcy to disclose information on the transactions entered into during the suspect period. Should the transactions be recognized invalid, more than RUB 500 million could have been recovered from the company. The task for KIAP was to analyze the company...
 5 16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev, Anna Andreyeva
KIAP’s Principal acquired warehouse property with a total value of RUB 115 million. As part of the bankruptcy case, an application was filed to recognize said contract an invalid transaction, citing the entry into such on the threshold of the owner’s bankruptcy at a non-arm’s length price and the privileged position of the Firm’s Principal versus other purchasers. The Firm’s associ...
 10 16 July 2024 Bankruptcy Ilya Ischuk