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The law firm Alimirzoev & Trofimov defended the interests of the owner of real estate purchased at auction.
DATE: May 3, 2023 | AUTHOR: AT
AT law firm defended the interests of a major entrepreneur who had purchased a farmstead in the Moscow region at auction for personal use.
The previous owner of the farmstead concluded a settlement agreement with the bank, on the basis of which the farmstead was pledged as collateral.
Subsequently, the farmstead was foreclosed and an auction was announced where AT’s client was declared the winner.
Less than a week later the debtor was declared bankrupt.
The debtor’s creditors and financial manager applied to the court for the agreement to be declared null and void.
AT’s lawyers prepared a legal position refuting the arguments of the applicants, including the recognition of the agreement as a transaction of preference.
After seven months of proceedings, the courts dismissed the claims.
The outcome of this case confirms that not all transactions with the debtor’s property concluded during the one-month period of suspicion can be recognised as preferential transactions.