On November 25, 2025 an annual conference organized by Pravo.ru was held, where topical bankruptcy related issues were discussed, from presumption of guilt and caps on liability of the management and persons controlling the debtor in bankruptcy proceedings to cyber bankruptcy: digital assets, IP, big data and AI-models in the insolvency proceedings.
Dmitry Yakushev, Attorney and Counsel of Andrey Gorodissky & Partners Law Firm’s Bankruptcy practice team spoke in the session “Double Game, or Where Bankruptcy Becomes a Weapon”, in which speakers deliberated on topics relating to corrupt practices in corporate conflicts, fraudulent and intentional bankruptcies, criminal issues in bankruptcy proceedings, etc.
Dmitry treated of the following subject: Protection of Bona Fide Acquirers of Bankruptcy Assets: Which Methods Work?
Dmitry told about a high-profile legal problem which emerged recently: contesting of real estate deals with elderly individuals alleging that they were deceived by phone scammers.
Dmitry noted that in this category of disputes all achievements in the development of the concept of bona fide acquirer, made in course of judicial practice, are unfortunately completely disregarded by courts. Dmitry also offered his assessment of the draft law on protection of purchasers of real estate, which was brought before the State Duma right on the day of holding of the conference. Dmitry expressed his positive attitude towards efforts of the deputies, focused on resolution of the problem, but noted that all that was proposed by the lawmakers had been existing in judicial practice for quite some time, especially in bankruptcy cases.
In the conclusion of his presentation Dmitry disclosed the core principles that allow purchasers of assets to prove their being bona fide purchasers: a close check of the history of ownership of the asset, detailed check of judicial history of all previous owners, their financial situation (e.g. by obtaining of information from the credit reference bureau) and, what is the most important in the present settings, obligatory obtaining of certificates of psychological status of sellers and, where possible, involving sellers’ relatives as witnesses of making of the deal.
A detailed video is available at the following link in the “Insights” section.
