Some Issues of Challenging Transactions Involving Unequal Counter- Performance in a Bankruptcy Procedure

The article analyzes a number of problems related to challenging the transactions of a person declared bankrupt, made with unequal counter execution. Criteria of equivalence of counter execution are investigated. The possibility of contesting transactions that formally involve an equivalent counter performance, but have signs of pretense is being studied: the condition of the contract on counter performance covers a donation or performance at a different price. The issue of the possibility of convalidation of transactions with unequal counter execution by eliminating the unequal value with the help of a cash surcharge is considered. Based on the analysis carried out, proposals are made to improve legislation and law enforcement practice.