The Supreme Court decided the fate of the settlement in bankruptcy
10 feb 2022
Concern "Artromed", declared bankrupt, entered into a settlement agreement with its creditors, and the court approved it (case No. A57-9021 / 2014). Under the terms of the agreement, the land plot and the construction in progress, owned by the Concern, must be transferred to the creditor Gagik Khachaturyan. The court took into account the decision in case No. A57-4137 / 2019, in which the actions of Rosreestr to register the transfer of ownership of this property to Viktor Yaskevich were declared illegal. Then the court ordered to restore the record of Artromed's right to real estate.
Yaskevich challenged the decision to approve the settlement agreement, and the Volga District Arbitration Court overturned it. The cassation proceeded from the fact that in 2008 Yaskevich transferred 10 million rubles to Artromeda. on account of payment under the agreement for participation in shared construction, which was never concluded. And in 2011, the parties agreed that for this payment, the company would transfer the disputed property to Yaskevich. Thus, the settlement agreement approved by the court was not checked for possible violation of the rights and legitimate interests of Yaskevich, who entered into a contract for the sale of the disputed property with the debtor.
The bankruptcy trustee Anton Vorontsov appealed to the Supreme Court. He stated that the disputed property belongs to the debtor by right of ownership and is lawfully included in the bankruptcy estate, and the disposal of this property does not violate the rights and property interests of third parties. But Yaskevich has not taken any measures to protect his rights since the decision in case No. A57-4137 / 2019 was made and did not file any claims against the debtor in the bankruptcy case.
The Economic Board checked the arguments of the complaint, canceled the judicial act of cassation and "overpowered" the decision of the first instance. The settlement agreement between the debtor and creditors remains in force.
The Supreme Court decided the fate of the settlement in bankruptcy
Concern "Artromed", declared bankrupt, entered into a settlement agreement with its creditors, and the court approved it (case No. A57-9021 / 2014). Under the terms of the agreement, the land plot and the construction in progress, owned by the Concern, must be transferred to the creditor Gagik Khachaturyan. The court took into account the decision in case No. A57-4137 / 2019, in which the actions of Rosreestr to register the transfer of ownership of this property to Viktor Yaskevich were declared illegal. Then the court ordered to restore the record of Artromed's right to real estate.
Yaskevich challenged the decision to approve the settlement agreement, and the Volga District Arbitration Court overturned it. The cassation proceeded from the fact that in 2008 Yaskevich transferred 10 million rubles to Artromeda. on account of payment under the agreement for participation in shared construction, which was never concluded. And in 2011, the parties agreed that for this payment, the company would transfer the disputed property to Yaskevich. Thus, the settlement agreement approved by the court was not checked for possible violation of the rights and legitimate interests of Yaskevich, who entered into a contract for the sale of the disputed property with the debtor.
The bankruptcy trustee Anton Vorontsov appealed to the Supreme Court. He stated that the disputed property belongs to the debtor by right of ownership and is lawfully included in the bankruptcy estate, and the disposal of this property does not violate the rights and property interests of third parties. But Yaskevich has not taken any measures to protect his rights since the decision in case No. A57-4137 / 2019 was made and did not file any claims against the debtor in the bankruptcy case.
The Economic Board checked the arguments of the complaint, canceled the judicial act of cassation and "overpowered" the decision of the first instance. The settlement agreement between the debtor and creditors remains in force.
Link: https://pravo.ru/news/239087/