Ekonomavtogaz OOO
Our projects
- Branch of Law:
- Insolvency
- Protected assets:
- 8 680 873
In the court of first instance, the claim was denied on several grounds at once, including the limitation period and the failure to prove right abuse by the defendant
Core of the Case
Representation of the defendant in the case of challenging the transaction related to the bankruptcy of the oil company Rusneftekhim (Kazan) on the basis of Article 10, 168 of the Civil Code of the Russian Federation.
The bankruptcy trustee asked to invalidate three contracts for the sale and purchase of the debtor’s real estate with Ekonomavtogaz OOO and apply the consequences of invalidity in the form of the return of two real estate units to the bankruptcy estate of the debtor and the recovery from the defendant in favor of the debtor of the actual market value of the third unit estimated at 5,401,310.23 rubles.
We managed to prove that the limitation period should have been calculated not from the moment the bankruptcy proceedings were introduced, but from the moment when the financial analysis of the debtor under supervision was completed.
Scope of Services
Development of a legal position, preparation of procedural documents and representation in court.
Achievements, Results, Importance, Significance of the Project
In the court of first instance, the claim was denied on several grounds at once, including the limitation period and the failure to prove right abuse by the defendant (ruling dated 14.06.2017).
The most interesting was the issue of calculating the limitation period for the requirements of the bankruptcy trustee, based on Art. 10, 168 of the Civil Code of the Russian Federation.
Case File
А65-32156/2012
