RusBankrot
We know everything about bankruptcy
04/06/2026
Thursday
THIS DAY IN HISTORY:
4 June 
1970 Tonga gained independence from the Great Britain.
1970 Tonga gained independence from the Great Britain.
1856 The Tretyakov Gallery was founded in Moscow.
1856 The Tretyakov Gallery was founded in Moscow.
1716 African slaves were first brought to Louisiana.
1716 African slaves were first brought to Louisiana.
4 June
1970 Tonga gained independence from the Great Britain.
1970 Tonga gained independence from the Great Britain.
1856 The Tretyakov Gallery was founded in Moscow.
1856 The Tretyakov Gallery was founded in Moscow.
1716 African slaves were first brought to Louisiana.
1716 African slaves were first brought to Louisiana.
ELECTRONIC COPIES WITHOUT A SIGNATURE DO NOT REPLACE THE ORIGINAL DOCUMENTS.
The manager applied to the court to request documentation from the former head of the debtor (case no. A40-35224/25).
The courts of two instances, having established that the former head of the debtor had sent accounting and other documentation to the manager, and also that the court's decision had already assigned the duty to transfer documentation to the head of the debtor, concluded that there were no grounds for satisfying the application, since the obligation to transfer the requested documents had been fulfilled, and the manager had not applied for by issuing a writ of execution.
The cassation sent the dispute for reconsideration in part, pointing out that the documents had not been handed over to the manager. The absence of these documents deprives the manager of the opportunity to properly fulfill the duties assigned to him by the Bankruptcy Law on the formation of bankruptcy estate, identification of accounts receivable and challenging suspicious transactions. In this regard, the refusal of the courts to satisfy the application is illegal and unjustified.
At the same time, the court of cassation recognized as justified the refusal to request documents that were submitted to the manager in copies and are not disputed by him as unusable, namely: constituent documents, TIN and OGRN certificates, list of participants, extract from the Unified State Register of Legal Entities, accounting statements (form No. 1, 2), reports to extra-budgetary funds, tax reporting, certificate of debt owed to budgets and extra-budgetary funds. These documents allow the manager to begin performing his functions, and it is impractical to forcibly claim them, since in fact the manager already has them.
The courts of two instances, having established that the former head of the debtor had sent accounting and other documentation to the manager, and also that the court's decision had already assigned the duty to transfer documentation to the head of the debtor, concluded that there were no grounds for satisfying the application, since the obligation to transfer the requested documents had been fulfilled, and the manager had not applied for by issuing a writ of execution.
The cassation sent the dispute for reconsideration in part, pointing out that the documents had not been handed over to the manager. The absence of these documents deprives the manager of the opportunity to properly fulfill the duties assigned to him by the Bankruptcy Law on the formation of bankruptcy estate, identification of accounts receivable and challenging suspicious transactions. In this regard, the refusal of the courts to satisfy the application is illegal and unjustified.
At the same time, the court of cassation recognized as justified the refusal to request documents that were submitted to the manager in copies and are not disputed by him as unusable, namely: constituent documents, TIN and OGRN certificates, list of participants, extract from the Unified State Register of Legal Entities, accounting statements (form No. 1, 2), reports to extra-budgetary funds, tax reporting, certificate of debt owed to budgets and extra-budgetary funds. These documents allow the manager to begin performing his functions, and it is impractical to forcibly claim them, since in fact the manager already has them.
02.06.2026
