INFORMATION LETTER OF PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of April 14, 2009 No. 128

The presidium of the Supreme Arbitration Court of the Russian Federation discussed the Overview of practice of consideration by Arbitration Courts of the disputes connected with contest of transactions on the bases provided by the Federal Law "About Insolvency (Bankruptcy)" and according to article 16 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" informs Arbitration Courts on the developed recommendations.

Appendix: the overview on 11 sheets.

The overview of practice of consideration by Arbitration Courts of the disputes connected with contest of transactions on the bases provided by the Federal Law "About Insolvency (Bankruptcy)"

1. By consideration of the claim for contest of the transaction based on Item 2 of article 103 of the Federal law "About Insolvency (Bankruptcy)" the court reasonably recognized interested in relation to the debtor (limited liability company) of his single participant - consumer society

The receiver of limited liability company took a legal action with the claim for recognition based on Item 2 of article 103 of the Federal law "About Insolvency (Bankruptcy)" (further - the Bankrupcy law, the Law) the invalid transaction between limited liability company and consumer society, being his single participant. The receiver proved the declared requirement by causing as a result of execution of the disputed transaction of losses to creditors and asked about recognition of consumer society by person interested in relation to the debtor according to the paragraph the second Item 1 of article 19 of the Law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info