DISTRICT COURT RECOGNIZED THE TRUSTEE’S RIGHT TO REIMBURSEMENT OF THE COST OF PLANE TICKETS

The bankruptcy trustee applied to the court with a claim for compensation of his expenses on plane tickets. The flights were necessary for carrying out actions in the framework of the insolvency case. The court of first instance satisfied the claim and the ruling was canceled by the appeal. The cassation pointed out the mistakes made by the three judges and canceled the ruling of the second instance.

The position of the Arbitration Court of the city of Moscow boiled down to the right of a bankruptcy trustee to reimburse all the expenses incurred in the course of insolvency case, subject to their documentary confirmation. The appeal did not accept this position, having indicated that the manager did not substantiate the need for the flights.

The three judges reminded the trustee that, as a professional participant in the process, he must be aware of the feasibility of conducting bankruptcy of a company located in a region different from his place of residence.

At the same time, the district court disagreed with this opinion, pointing out the mistakes made during the consideration of the case.

Indeed, under insolvency law, the trustee is entitled to reimbursement of all expenses incurred by him in the course of bankruptcy proceedings. At the same time, the list of expenses provided by the law and clarifications of judicial practice does not directly name expenses for paying for plane tickets, but at the same time, the list of expenses is not closed.

According to the district court, the fact that the trustee knew about a different location of the debtor and the likely need for air travel does not deprive the applicant of the right to compensation for the costs incurred (decision in case No. A40-35743 / 2015 of May 20, 2021).