The turn of the execution of the judicial act on the approval of the settlement agreement

The reversal of the execution of the judicial act is intended to restore the rights of the party from whom the funds were recovered under the canceled judicial act.

However, in the case under consideration, the turn of execution was made in relation to the determination on the approval of a settlement agreement approved within the framework of a separate dispute on the recognition of transactions as invalid.

The bankruptcy trustee of the debtor filed several applications for invalidation of transactions. Without waiting for the final judicial act, the parties concluded a settlement agreement. According to its terms, the Client agreed with applications for invalidation of transactions in several episodes, and also paid 84 000 000 rubles in favor of the debtor.

Subsequently, the ruling on the approval of the settlement agreement was canceled, and the applications of the bankruptcy trustee of the debtor were satisfied.

Procedural opponents pointed to:

• 01. Inability to implement the reversal of the execution of the determination on the approval of the settlement agreement;
• 02. As a result of the reversal of the execution of the judicial act, a claim arises against the debtor, to which the rules on inclusion in the register of creditors' claims of the debtor apply;
• 03. The funds deposited under the settlement agreement were the payment of restitution claims that were formed as a result of the recognition of transactions as invalid.

We have proved that:

• 01. The refund of funds paid under the settlement agreement must be carried out in the mode of turning the execution of the judicial act;
• 02. The requirement to reverse the execution of the judicial act is of a current nature (accordingly, it is subject to satisfaction primarily before the debtor's bankruptcy creditors).