We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
INACTION OF BANKRUPTCY TRUSTEE BECAME A GROUND FOR THE CANCELLATION OF JUDICIAL ACTS
The courts of the first two instances satisfied the claim, but the representatives of cassation expressed different opinion.
The fact is that the trustee was in no hurry to challenge the transactions. Having entered the insolvency case, he asked the district bailiffs department for information about the existence of enforcement proceedings, but received no response. What is more, the bankruptcy trustee asked the tax office for information about the debtor's accounts, but was no information about the account from which the disputed funds were debited in the response.
Two years later, the manager turned to the bailiffs with a request again and then learned about the existence of enforcement proceedings and the withdrawal of funds from the debtor's account.
The courts of first and appellate instances, taking the side of the applicant, indicated that the limitation period should be calculated from the moment when the manager learned about the write-off of funds. However, the cassation pointed to the wrong interpretation of the law in this case.
According to the district court, the responsibilities of the manager include not only making inquiries, but also taking steps to get answers to them.
The board also pointed out that the course of the limitation period can begin not only from the moment the person becomes aware of it, but also from the moment he had the opportunity to learn about the violation of the right.
Thus, the bankruptcy trustee missed the one-year limitation period established by law, and his claims were denied (resolution of June 21, 2021 No. F09-2674 / 21 in case No. A60-17153 / 2017).
