How to deal with inaction of the bailiff in bankruptcy

The bankruptcy trustee of a debtor citizen initiated an administrative case, in the framework of which he asked to recognize the bailiff's inaction as illegal.  The issue concerned the necessity to terminate previously initiated enforcement proceedings against the debtor in connection with the introduction of insolvency proceedings.

The situation arose in the framework of the bankruptcy case of citizen Volobuev. His bankruptcy trustee Vadim Knyazyuk, in accordance with the rules of law, sent a statement about the completion of all enforcement proceedings against the debtor to the relevant bailiff department. The ground for it was the introduction of the procedure for the sale of property.

The application was served, but no legal action was taken in connection with this.

Then the trustee made a decision to go the other way and applied to the court of general jurisdiction with demands to recognize the bailiff's inaction as illegal and compel him to take the necessary procedural measures.

The judge sided with the applicant, having noted that the bankruptcy legislation indeed provided for an obligation to terminate the enforcement proceedings introduced against the debtor in the event of the insolvency of the latte. As a result, after considering the case, the applicant received a judicial act, which established the unlawfulness of the behavior of the bailiff and fixed the need to comply with the legal requirements of the bankruptcy trustee. The resolution has already entered into force (case № 2a-109/2022).