89 RUBLES OF LOSSES WERE COLLECTED FROM THE MANAGER

In the framework of the bankruptcy case of the Leader Management Company LLC, auctions were held at which the debtor's claim rights to 2,420 debtors-individuals were realized. The sole proprietor with whom the purchase and sale agreement was concluded was recognized as the winner of the auction.

In the process of collecting acquired debts, the sole proprietor found out that some of the claims were repaid by the debtors before their transfer to the legal successor, that is, they were non-existent.

Bankruptcy proceedings against the debtor were completed, the sole proprietor filed a lawsuit against the manager, in which she demanded to recover real damage and lost profits, justifying this claim with the above circumstances.

The courts partially satisfied the claim by collecting 89.25 rubles of real damage, calculating this amount by dividing the value of the non-existent claim by the total amount of accounts receivable multiplied by the amount paid under the contract of sale (2,346.95 : 38,155,721.37 x 1,451,000).

The cassation recognized this position of the lower instances as legitimate, including in terms of refusal to satisfy the claim for recovery of lost profits.

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