AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER

AU'S CANDIDACY MAY BE CHALLENGED. IF IT WAS OFFERED BY AN AFFILIATED LENDER
As part of the bankruptcy case (No. A40-36324/22), the tax service applied to the court for the dismissal of the arbitration manager.

In refusing to satisfy the claim, the courts of two instances proceeded from the failure to provide evidence of the affiliation of the arbitration administrator with respect to the debtor and his creditor, and also took into account the absence of violations committed by him in the performance of the duties of the bankruptcy trustee of the debtor.

The cassation sent the dispute for a new consideration, noting that the candidacy of the Arbitration Manager came from the self-regulating organization of arbitration managers, whose election was voted by a majority of votes at the creditors' meeting by a creditor affiliated with the debtor.

Thus, according to the arguments of the cassation appeal, in the framework of the consideration of another case, the fact of the debtor and creditor joining a single group was established.

03.06.2024