Article 65. Invalidity of Debtor's Transactions Related To Preferential Satisfaction of Claims of Some Creditors over Others
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
A transaction entered into by a debtor with respect to individual creditor or another person after the acceptance of an application for initiating insolvency proceedings against the debtor may be declared invalid by a court if such transaction entails the preferential satisfaction of claims for the monetary obligations of the debtor of some creditors over others, upon application of the judicial manager or creditor under one of the following conditions:
transaction is aimed at ensuring the fulfillment of the obligation of the debtor or a third party to an individual creditor before the execution of the transaction;
transaction has led or may lead to a change in the order of satisfaction of creditors' claims for obligations that arose prior to the transaction;
transaction has led or may lead to the satisfaction of the claims of some creditors, the due date for which by the time of the transaction has not come, in the presence of obligations to other creditors that have not been fulfilled within the prescribed period;
if an individual creditor has been granted or may be granted more advantages in relation to the satisfaction of claims, and this leads to a violation of the order of priority for settlements with creditors provided for by this Law.
