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CONTESTATION OF DEBTOR’S TRANSACTIONS WITH UNFAIR PREFERENCE DURING THE BANKRUPTCY PROCEDURE
CONTESTATION OF DEBTOR’S TRANSACTIONS
WITH UNFAIR PREFERENCE DURING THE BANKRUPTCY
Candidate of Legal Sciences, Associate Professor
of the Department of Civil and Business Law of the All-Russian State University of Justice
(RLA of the Ministry of Justice of Russia)
Dispute transactions in bankruptcy proceedings is one of the ways to increase the
debtor’s bankruptcy assets, which are the main objective of the bankruptcy procedure.
As a result of recognizing transactions invalid and applying the consequences of their
invalidity, the debtor’s bankruptcy estate may return property, cash, rights of claim and
other objects of civil rights, and, on the contrary, the debtor’s debt obligations, for which
the bankruptcy procedure has been introduced, can be canceled. A tool for challenging
transactions in a bankruptcy procedure may prejudge the main objective of the procedure,
namely, rehabilitate the company and restore financial stability to it, or satisfy creditors’
requirements to the maximum and complete the bankruptcy procedure. In any case, the
duties of the arbitration manager include identifying all suspicious transactions and
transactions that resulted in preference for other creditors, and implement the procedure
for challenging them in court. In this connection, the institution of challenging transactions
in bankruptcy is noted as one of the most important in the system of solving the main tasks
of the insolvency procedure (bankruptcy) of the debtor.
Keywords: insolvency (bankruptcy); invalidity of transactions; transactions with preference;
bankruptcy proceedings; creditors’ claims; debtor.
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Information about the author
Sushkova O.V. (Moscow, Russia) – Candidate of Legal Sciences, Associate Professor
of the Department of Civil and Business Law of the All-Russian State University of
Justice (RLA of the Ministry of Justice of Russia) (46, Bldg. 1 Molodogvardeyskaya St.,
Moscow, 124482, Russia; e-mail: firstname.lastname@example.org).
Sushkova O.V. Contestation of Debtor’s Transactions with Unfair Preference During
the Bankruptcy Procedure. Herald of Civil Procedure, 2019, vol. 9, no. 5, p. 111–128.
(In Russian) https://doi.org/10.24031/2226-0781-2019-9-5-111-128