Challenging an atypical transaction with a preference and collecting 180 million rubles into the bankruptcy estate

The recognition of payments as invalid on the basis of the preferred satisfaction of the claims of one creditor over others has a number of features. In particular, a number of refutable presumptions and rules for the distribution of the burden of proving the invalidity of transactions apply to such transactions.

So, when accompanying the case, there were the following legal problems:

• 01. One of the payments was with the purpose of "return of the wrongly received" and potentially was not a competitive mass of the Bank;


• 02. The possibility of protection against challenging a transaction made in the ordinary course of business (the Bank has repeatedly made similar payments in favor of this counterparty), if its amount exceeds 1% of the book value of the debtor's assets as of the last reporting date.


• 03. The ratio of special (established for credit institutions) and general rules for challenging transactions.

The client set the task to replenish the Bank's bankruptcy estate, satisfying the claims of creditors, most of whom are individuals.

The lawyers of ANP Zenit conducted a comprehensive support of the dispute:

• ✓ conducted an audit of all questionable transactions of the debtor,


• ✓the analysis of the movement of funds on accounts and the grounds for their commission has been made,


• ✓a strategy for challenging the transaction has been developed,


• ✓procedural documents have been prepared, representation in court has been carried out.

 

According to the results of the dispute, 180 000 000 rubles were collected in the bankruptcy estate.