Creditors of a bankrupt bank won a lawsuit against the DIA

Creditors of a bankrupt bank won a lawsuit against the DIA

Creditors of a bankrupt bank won a lawsuit against the DIA
The Arbitration Court of the North-Western District considered the case on the complaint of creditors against the liquidator - in the applicants' opinion, he did not take proper measures to collect the debt.  It was about the bankruptcy of a credit institution, the bankruptcy trustee of which was approved by the Deposit Insurance Agency (DIA).

The lenders insisted that the bankruptcy trustee had missed the opportunity to reclaim the drilling rigs transferred but not paid for under the sale and purchase agreement from the counterparty. In addition, the applicants drew the court's attention to the unjustified payment for the lease of land and the protection of installations that actually belonged to the buyer.

The lost time cost the company multimillion-dollar losses, since the counterparty to the contract was liquidated as a result, which was not prevented by the DIA.

The applicants insisted that the manager should have insisted on the termination of contract and the return of goods to the bankruptcy estate, but instead of it, the DIA continued to bear the costs of its maintenance.

The courts of first and appeal instances did not find any violations on the part of the bankruptcy trustee, having indicated that the latter had taken all the necessary actions in the framework of the bankruptcy case. The district court did not agree with such a position, having indicated that the trustee, as a professional participant in the insolvency case, must have taken all possible measures to protect the interests of both the debtor and his creditors. As a result, a separate case will be re-considered in the first instance (decision of September 28, 2021 in case ¹ A56-52798 / 2016).


29.11.2021