ASSIGNMENT OF CLAIMS BY THE CREDITOR DOES NOT INFRINGE ON THE RIGHTS OF THE MANAGER

In the framework of the bankruptcy case of the liquidated debtor (No. A32-16489/18), the courts considered the issue of the procedural succession of the creditor in connection with the assignment of the claim included in the register to the company.

Objecting to the satisfaction of the application, the debtor's manager referred to the fact that the disputed assignment was made in order to avoid reimbursement of the manager's expenses, since the assignee himself is in an unsatisfactory financial situation and is unable to repay these expenses.

Three instances satisfied the application and proceeded from the validity of the assignment agreement, the succession in the material legal relationship and the unconfirmation of the fact that the debtor had insufficient funds to repay the costs of the bankruptcy case.

The Supreme Court of the Russian Federation, agreeing with the conclusions of the lower courts and rejecting the arguments of the complaint of the manager, noted the following:

"Along with the rights of the creditor in the bankruptcy case, the assignee is also responsible for the applicant's obligations to pay court costs for bankruptcy proceedings, expenses for payment of remuneration to arbitration managers in the bankruptcy case and payment for the services of persons engaged by arbitration managers to ensure the performance of their activities."

The Supreme Court stressed that the manager, as the current creditor of the debtor, had agreed to transfer the debt from the applicant creditor to the company.

At the same time, if the transfer of the applicant's obligations in the bankruptcy case occurs without the consent of the arbitration manager, then the original and new creditors, as a general rule, are jointly and severally liable to the arbitration manager for the counter-fulfillment of the applicant's obligations in the bankruptcy case that arose before the replacement of the creditor.

Summing up, the court pointed out that, since in the case under consideration the transfer of debt was cumulative, if the debtor's property is insufficient, the applicant has the right to claim repayment of the remuneration and compensation of expenses due to him in the bankruptcy case that arose before the replacement of the creditor, at the expense of the property of both the assignor and the assignee jointly responsible to him.