LACK OF ASSISTANCE IS NOT INACTION

The courts of two instances partially satisfied the application, since the duties of the bankruptcy trustee were performed improperly by the applicant (search, protection, inventory, sale of property were not carried out). After 12/14/2022, the necessary measures aimed at achieving the objectives of the bankruptcy proceedings were not carried out.

The cassation sent the dispute for a new consideration, noting that the conclusions of the courts on the actual evasion of the arbitration manager from fulfilling his duties in the bankruptcy proceedings are based on the position of the objecting party, without evaluating and verifying the arguments given by the arbitration manager to refute the circumstances of his failure to take measures to search, search and sale of the debtor's property, as well as a small amount the work he has done.

At the same time, the arbitration manager pointed out that the objecting party, being the former head of the debtor, did not assist him in finding the debtor's property, did not disclose information about the composition and location of its location. In the absence of the property transferred to the arbitration manager, the previous arbitration manager did not have the opportunity to carry out its inventory (sale).