The lawyers of JSB “Eksiora” achieved the return of the bankrupt’s lands to the bankruptcy estate in the amount of more than 450 million rubles.
As part of the bankruptcy case of Gadzhi Khalimbekovich Gadzhiev (case № A40-98217/2017), the lawyers of AB Exiora became aware of an illegal transaction concluded between a bankrupt debtor and its affiliate, on the withdrawal of assets from the bankruptcy estate. According to the documents, 29 land plots were alienated to the interested person, the market value of which exceeded 450 million rubles. The total area of the transferred objects was a significant part of the agricultural land of the Volgograd region.
Lawyers of JSB “Eksiora”, according to paragraph 2 of Art. 61.2 of the Bankruptcy Law, paragraph 5 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 23, 2010 No. 63 “On Certain Issues Related to the Application of Chapter III.1 of the Federal Law “On Insolvency (Bankruptcy)”, proved in court the circumstances that caused damage to the bankruptcy estate actions of the debtor.
The Moscow Arbitration Court, on the basis of the above arguments, declared the concluded deal for the alienation of land plots invalid. According to paragraph 1 of Art. 61.6 of the Bankruptcy Law, the property was returned to the bankruptcy estate.