Recovery of damages will be imposed for the arbitration managers.

The assets were transferred in advance

The case is about a bankruptcy of the individual. In 2011-2012, the applicant provided him with a loan in the amount of 12.6 million rubles. The loan repayment period was determined as December 2011 and March 2013. The debtor did not return the money, but decided to transfer the assets by passing all the property to relatives and other persons.

From September 2011 to April 2013, the debtor sold 14 real estate objects. Their market value was about 18.5 million rubles, however, according to the information from the sales contracts, they were all sold for 4.1 million rubles. There was no evidence of receipt of these funds in the case.

In December 2016, a bankruptcy case was opened against the debtor, but in February 2017 it was declared insolvent. In August, the applicant included his claims in the amount of 32.2 million rubles to the debtor in the register and confirmed it by judicial acts.

The applicant repeatedly appealed to the arbitration manager in order to challenge the debtor's transactions, regarding the alienation of real estate in 2011-2013, but the manager did not take any action.

In May 2018, the procedure for selling the property of the debtor was completed, but it was not released from obligations. The court indicated that the debtor, having sold his property in 2011-2013, had abused the right.

However, the court noted that these deals go beyond a three-year period prior of suspicion, therefore they were not subject to dispute by the arbitration manager.

After the bankruptcy of the debtor, the applicant has claims against him for 11.7 million rubles. He went to court to recover damages from the dormant arbitration manager.

The positions of the Courts

The first instance refused to him, citing the fact that the deals go beyond the three-year suspicious period.

However, the court of appeal and the district court made a different decision. The courts considered that nothing prevented the qualification of the deals as void on the grounds of Art. 168 and 10 of the Civil Code of the Russian Federation.

The arbitration manager filed a complaint with the Supreme Court. The Judicial College on Economic Disputes will consider it on January 27, 2020.