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DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE
DISTRICT COURT CLARIFIED THE GROUNDS FOR SUSPENSION OF BANKRUPTCY TRUSTEE
A case to challenge the previously issued judicial acts was transferred for consideration of the Arbitration court of Moscow District. The appealed (tax service) was not satisfied with the position of the courts, which refused to to remove the manager from participation in the case. At the same time, the district court questioned the correctness of the colleagues' position.
The arguments of the tax authorities boiled down to the fact that the bankruptcy trustee proposed by one of the creditors was associated with a group of companies, which included both the debtor and the creditor.
The lower courts, in turn, indicated that there was nothing to remove the trustee for, since he had not committed any illegal actions in the framework of the case.
The judges indicated that the actions of the manager had never been contested - no complaints had been filed against him, he had not been disqualified or expelled from his SRO.
However, the district court drew the attention of colleagues to the fact that, given the established affiliation of the parties with the trustee, the law and judicial practice allow his removal from the participation in the case. The board indicated that this issue had not been sufficiently investigated by the lower courts, which could have led to the adoption of erroneous judgments.
When reconsidering the dispute, the court recommended to check the affiliation between the creditor, the debtor and the trustee in detail, and in case of its establishment, to remove the trustee from the performance of his duties (decision
in case ¹. À40-61943 / 2018 dated July 22, 2021).
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