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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

PROCEDURE

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: [email protected]).

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

O.V. SUSHKOVA