slightly different consequences than in the normal
course of business. The existence of grounds for
challenging transactions in the course of bankruptcy
proceedings (even under comparable market
conditions of the transaction) may be justified and
economically justified. For example, the alienation of
property at market value, but with priority repayment
of debts to one creditor to the detriment of other
creditors, may be the basis for challenging
transactions.
And in this case, there is a probabilistic asset, and
as a result, a proportionate obligation (Shchepot’ev,
2020). As a result of challenging the transaction, the
business entity will receive both an additional asset
and an additional liability, and the amount of its own
funds will not change. However, the resulting asset
(as a result, it will eventually be transformed into
cash) can be used to ensure the bankruptcy process
itself (extraordinary payments) or used to extinguish
the accounts payable (obligations) of creditors of an
earlier stage (economically and legally less protected
group of creditors). For example, the received funds
(when challenging transactions) may be used to pay
off salary debts, but not to legal entities; to pay off
debts to unaffiliated creditors, to the detriment of
affiliated creditors or owners, since the relationship
with the affiliated persons could be aimed at
withdrawing assets or causing damage to the
organization.
In bankruptcy proceedings, challenging
transactions (regardless of the market value of the
transaction) has a clear economic meaning. That is
why the expected receipt of an asset (even with the
condition of additional obligations) in the course of
challenging transactions can and should be
considered as a probabilistic asset, taking into
account the probability of obtaining the
corresponding asset in the course of legal proceedings
and actions to execute a judicial act (Shchepot’ev,
2020). Moreover, the occurrence of a probabilistic
asset can lead to the occurrence of a probabilistic
liability (Shchepot’ev, 2020).
The existence of grounds for bringing the
executive body or the owner of the organization to
subsidiary and / or joint liability, including the
occurrence of such grounds in the course of
bankruptcy proceedings. In the course of economic
activity, there are cases when the owner, who has
control functions, makes a decision in relation to a
dependent (or subsidiary) company that is directly
beneficial to him, but has brought losses to the
company and other co-owners. The actions of the
executive body may also lead to losses. In such
situations, the company may have the right to hold the
executive body or the owner of the company
accountable.
The presence of such grounds and the intention to
carry out such actions can be considered as a
probabilistic asset. It should be noted that the
probability in this case is to determine not only with
regard to the alleged receipt of a proper (well-
established in the appellate and cassation instances) a
judicial act, but also with the financial capacity of the
Executive body or owner for damages, i.e. taking into
account the probability of the actual execution of
fully or partially judicial act to repay the damage from
the actions of the Executive body or owner.
Probabilistic assets, in most cases of their
occurrence, are caused by the relevant circumstances
and the implementation of targeted actions on the part
of the economic entity.
For the transformation of a probabilistic asset into
property, property rights that have all the
characteristics of a real asset, the actions of the
relevant authorized bodies (the executive body or
other management bodies) are necessary. It is not
enough to have the right to buy back the property at a
reduced price, this right must be used in a timely
manner. It is not enough to have the right to recover
lost profits, losses caused, or to bring someone to
subsidiary or joint liability. It is necessary to take
purposeful actions. But in this aspect (taking into
account the circumstances), the occurrence of a
probabilistic asset does not relate to the normal
business activity of the company. A probabilistic
asset will not be defined as an additional increase in
assets due to the profit received in the ordinary course
of business due to the normal amount of profit
inherent in this type of activity. For example, the
resulting increase in cash during normal trading
activities (purchase and sale of goods) will not be
defined as a probabilistic asset, since such activities
are determined by the rate of profit in trading. As
already noted, the probabilistic asset may occur in
emergency, non-standard or atypical situations, when
the circumstances have led to the existing state of
Affairs, and purposeful activities of an economic
entity though and require concerted action (as well as
spending various resources), but the estimated costs
disproportionately small with intended (albeit
probabilistic) additional economic benefits.
The estimated asset gain from real estate agency
real estate trading will not be a probabilistic asset at
its core. But the expected growth of assets from real
estate, purchased at a discounted price significantly
below market size (grace redemption involves the
purchase at a price significantly below market), can
be regarded as probabilistic asset, because the right to
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