Affiliation alone does not indicate that the transactions are invalid,
a higher standard of proof is applied to the legal relations of the parties in such a case
Claim: to invalidate transactions on transfer of funds from the debtor’s settlement account.
Court’s decision: denied.
Court’s reasoning: the reality of relations between the parties to the transactions, the existence of counter-performance were confirmed, the bankruptcy trustee did not prove that the parties to the transactions acted to harm the property interests of creditors, the disputed payments were made in the ordinary course of business of the debtor. The courts rightfully took into account that the challenged payments were made in the ordinary course of business of the LLC, which in accordance with the provisions of paragraph 2 of Article 61.4 of the Bankruptcy Law excludes the possibility of its challenge on the grounds of Articles 61.2, 61.3 of the Bankruptcy Law, provided that the price of property transferred under one or more related transactions, or the amount of assumed obligations or liabilities does not exceed one percent of the value of the debtor’s assets, determined on the basis of the debtor’s accounting statements for the last reporting period.
The bankruptcy trustee has not presented any evidence that the contested transaction goes beyond such ordinary business activities or exceeds one percent of the value of the debtor’s assets.