IT IS UNACCEPTABLE TO DRAW PREMATURE CONCLUSIONS ABOUT THE LACK OF FINANCING OF THE BANKRUPTCY PROCEDURE

In the framework of the bankruptcy case (No. A05-14501/22), the courts considered the issue of termination of proceedings in the case, due to the lack of financing of the insolvency procedure.

Two instances, rejecting the arguments of the Federal Tax Service and the manager about the debtor's property sufficient to reimburse the costs of carrying out the procedures used in the bankruptcy case, proceeded from the fact that vehicles registered for the debtor were not included by the manager in the inventory inventories, information about the discovery of this property in the reports of the manager is also missing, while with a statement The manager did not apply to the head of the debtor for the obligation to transfer the debtor's documents and material assets.

The cassation sent the dispute for reconsideration, based on the following:

It follows from the case file that three vehicles were registered for the debtor, while the manager identified the location of one of them. Taking into account the above, the conclusion of the courts that the manager has not identified the debtor's property, at the expense of which the costs of carrying out the procedures used in the bankruptcy case can be reimbursed, as the district court believes, cannot be recognized as appropriate to the actual circumstances of the case.

It also follows from the case file that the Company has the right to claim against the former head of the debtor. At the same time, according to the information contained in the "File of Arbitration Cases", the court ruling terminated the bankruptcy proceedings of the former head in connection with the repayment of creditors' claims.

In such a situation, the conclusion of the courts on the insolvency of the former debtor's managers also cannot be recognized as corresponding to the actual circumstances of the case.