Challenging the debtor’s transaction to withdraw money on the eve of bankruptcy

Rezolut protects the interests of the creditor in the bankruptcy case of the debtor – an individual.
In the course of work on the project, Rezolut lawyers managed to establish that on the eve of bankruptcy, the debtor withdrew 15 million rubles from a bank account and gave it to his “friend” on receipt. As it was possible to establish and prove, the “acquaintance” is the debtor’s cohabitant. Further, the debtor and his cohabitant repaid the loan, but in cash, which never made it into the bankruptcy estate.

Rezolut lawyers apply for invalidation of receipts. The difficulty was in the need to prove the actual marital relationship between the parties to the disputed transaction, as well as to establish the fictitiousness of the subsequent return of the loan to the debtor.

During the consideration of the case, it was established that on the same day when the “friend” allegedly gave back 15 million rubles to the debtor, her mother deposited 14 million rubles in the bank. Despite the fact that neither the debtor’s cohabitant nor her mother could give any explanation of this coincidence, the court of first instance refused to recognize the transactions as invalid.

Nevertheless, Anastasia Ramazanova, Senior Associate at Rezolut, was able to defend the Principal’s position already in the appellate instance.

As a result of the appeal hearing of the case, the decision of the court of first instance was canceled, the stated requirements were satisfied. The court of appeal invalidated the receipt and recovered 15 million rubles from the debtor’s cohabitant.

Opponents challenged the decision in the court of cassation.

On September 2, 2021, the Arbitration Court of the Urals District upheld the said decision of the 17th Arbitration Court of Appeal in force.