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CONTESTATION OF DEBTOR’S TRANSACTIONS WITH UNFAIR PREFERENCE DURING THE BANKRUPTCY PROCEDURE

PROBLEMS OF CIVIL PROCEDURE


O.V. SUSHKOVA

O.V. SUSHKOVA,
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)

DOI: 10.24031/2226-0781-2019-9-5-111-128

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.

References

Alekseev S.S. Law: ABC – Theory – Philosophy: The Experience of Integrated Research.
Moscow: Statut, 1999. (In Russian)
Ayurova А.А. Dispute of the Debtor’s Transactions in Accordance with the Norms
of the Legislation on Insolvency (Bankruptcy). Lawyer, 2014, no. 11. (In Russian)
Kovalev S.I. Some Issues of Contestation Within to Bankrupt “Preferred” Transactions.
Property Relations in the Russian Federation, 2014, no. 2. (In Russian)
Makarov I.А. On Contestation in the Framework of the Insolvency (Bankruptcy) Case
Actions to Pay Taxes and Other Obligatory Payments. Law, 2012, no. 11. (In Russian)
Suvorov E.D. Bankruptcy in the Practice of the New Supreme Court of the Russian
Federation for the First Year of Work (2014–2015): Acts and Comments. Moscow: Statut,
2016. (In Russian)
Suvorov E.D. Evasion of Law. Evasion Deal. Moscow: V. Em Publishing House, 2008.
(In Russian)
Zaytsev O.R. Contesting Bankruptcy Transactions: On Some Novels of Law No. 73-FZ.
In Vitryansky V.V. (ed.). Insolvency (Bankruptcy): Scientific and Practical Commentary
on the Innovations of the Law and its Application. Moscow: Statut, 2010. (In Russian)

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: ovsushkova@mail.ru).

Recommended citation

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

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