Protected a client's deal worth 647 million rubles from being challenged in someone else's bankruptcy
One of the shareholders of the organization, whose interests we represented, transferred several land plots to it. The transaction was formalized by contracts of contribution to the company's property. Later this shareholder was declared bankrupt and his bankruptcy manager began to challenge the transaction with our client. The bankruptcy manager argued that the land had been taken out of the bankruptcy estate without compensation. Since the plots had been sold by that time, the trustee asked to recover their contractual value of 647 million rubles.
Such a transaction could indeed have been challenged, since at first glance it meets the signs of invalidity. However, we achieved a complete rejection of the manager's claims. We proved that the shareholder at the time of transferring the plots had sufficient other property for settlements with creditors. This means that the transaction with our principal did not harm the creditors. In addition, the courts agreed with our arguments that a shareholder's contribution to his company's property was not gratuitous to him. The shareholder benefits because the estate of his organization has become larger.