Fraudulent transactions are typical for debtors in bankruptcy proceedings,

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roseline371274
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Fraudulent transactions are typical for debtors in bankruptcy proceedings,

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Since the insolvency of the debtor means a situation where there are not enough funds to satisfy all the creditors' claims and, acting in bad faith, the debtor tries to create advantages to satisfy the claims of a "friendly" creditor to the detriment of his other creditors, violating the legally established priority or proportionality of satisfaction of the claims of a separate class of creditors.

The satisfaction by the debtor of the claims of an individual creditor outside the bankruptcy proceedings using persons related (or unrelated) to the debtor confirms the unlawful and unscrupulous purpose of the debtor to create a preference for him in the performance of obligations and to violate the imperatively established in bankruptcy order of satisfaction of the claims of certain classes of creditors of the debtor.

The invalidation of the debtor's transactions within the framework of a bankruptcy case is aimed at achieving one of the main goals of the insolvency procedure - the maximum possible fair satisfaction of creditors' claims.

It should be noted that the Grand Chamber of the Supreme Court in its resolution of September 22, 2022 in case No. 125/2157/19 noted the following: “…A claim filed by a person who was not a party to a transaction to declare the transaction invalid must be filed against all participants in such transaction . Having established the fact of filing a claim against an improper defendant, the special database absence of motions to replace the original defendant with a proper defendant or to involve a co-defendant in the case, the court refuses to satisfy the claim precisely because of the defendant’s incompetence, in particular due to the fact that not all parties to the transaction are parties to the case. The court acts in the same way if the subject of the transaction is property owned by several persons under the right of joint ownership, involving all co-owners in the case as co-defendants (proper defendants) in accordance with the requirements of the Code of Civil Procedure of Ukrain.
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