IF THE HEAD OF THE DEBTOR TRIES TO COLLECT DOCUMENTS, LOSSES FOR THEIR NON-TRANSFER CANNOT BE RECOVERED

The courts of three instances, satisfying the requirements, proceeded from the presence of a causal relationship between the actions (inaction) of the defendant for failure to ensure the safety of accounting documents, non-transfer of property to the bankruptcy estate and losses on the debtor's side in the amount of reserves reflected in the debtor's balance sheet for 2018.

The Supreme Court referred the defendant's complaint to the board for consideration and noted the following:

• The applicant indicates that the enforcement proceedings for the demand for documentation have not been completed, have not been terminated, and the head is taking measures to execute the judicial act, therefore, conclusions about the existence of grounds for collecting damages from the defendant on the stated grounds are premature.

• The applicant insists on providing evidence in the case file that he has taken all necessary measures to fulfill the duties of maintaining, storing and transferring documentation with the degree of care and prudence that was required of him. The head was not the debtor's controlling person at the time of the initiation of this case, and all the debtor's property and documentation are at the disposal of its participant, with whom the second participant has a corporate conflict.

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