Such criteria may include

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roseline371274
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Joined: Mon Dec 23, 2024 7:01 am

Such criteria may include

Post by roseline371274 »

The Judicial Chamber for the consideration of bankruptcy cases of the Cassation Economic Court of the Supreme Court in case No. 905/2030/19 (905/2445/19) reached the following conclusions regarding the merits of the claims.

Fraudulent transactions are transactions that have caused harm to the debtor (for example, a transaction for the purpose of withdrawing property). The purpose of such a transaction is hidden at the time of its conclusion, but is manifested through actions or inactions committed by the debtor both before and after the deadline for fulfilling the obligation, with the purpose of evading the fulfillment of the obligation.

It should be noted that a fraudulent transaction can be both a pecuniary (purchase and sale agreement) and a special database gratuitous contract (donation agreement), and can also be a unilateral, bilateral or multilateral transaction.

The formulation of the criteria for the fraudulent nature of a transaction depends on which transaction the debtor uses to the detriment of creditors to avoid satisfying their claims.

In particular, but not exclusively,

- the moment of the commission of the paid alienation of property or donation (completion of the transaction during the suspicious period, within 3 years before the initiation of bankruptcy proceedings, after the initiation of court proceedings, refusal to secure the claim and before the first court hearing in the case.
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