Transactions with preference

Contest of transactions with preference on Art. 61.3 of the Law on bankruptcy [1] is of scientific and applied interest. The relevance is caused by an economic crisis, a pre-bankruptcy condition of many Russian enterprises, essential growth of amount of bankruptcies. Many questions are explained by the Resolution of the Plenum of the Supreme Court of Arbitration of the Russian Federation of December 23, 2010 No. 63 [2]. However debatable questions remain much from which row will be considered in the present article. The transactions with preference challenged both according to item 2 of Art. 61.3 and according to item 3 of Art. 61.3 of the Law on bankruptcy have the general signs named below. First, transactions with preference are transactions regardless of their branch accessory, including payment of the salary, the marriage contract, payment of taxes, the notification of the depositor of inclusion in the register of pledges. Secondly, such transactions brought or can lead to rendering bigger preference concerning meeting requirements, than it would be rendered in case of settlings with creditors as the sequence established by the Law on bankruptcy. Thirdly, the transaction has to be made in the period of suspiciousness. Types of transactions with preference need to be divided into two groups: with the long term of suspiciousness and with short term. Transactions with the long term of suspiciousness are the transactions made not earlier than before 6 months and not later than 1 month before adoption by court of the statement for recognition of the debtor by the bankrupt. They are challenged according to item 3 of Art. 61.3 of the Law on bankruptcy. Transactions with the short term of suspiciousness are the transactions made not earlier than 1 month from the moment of adoption by court of the statement for recognition of the debtor by the bankrupt. They are challenged according to item 2 of Art. 61.3 of the Law on bankruptcy. According to item 3 of Art. 61.3 of the Law on bankruptcy can be challenged: transactions on providing obligations of earlier arisen debt, transactions on change of sequence; transactions with the unfair contractor, including about reduction of a date of performance, transactions on execution. According to item 2 of Art. 61.3 of the Law on bankruptcy any transactions can be challenged. At the same time the preference type and also conscientiousness of the contractor, as a rule, do not matter.

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