LET THE MANAGER ARCHIVE THE DEBTOR'S DOCUMENTATION HIMSELF

As part of the bankruptcy case, the Federal Tax Service (FTS) filed an application for recovery of losses from the manager, including on the grounds of exceeding limits. The manager appealed to the court with a counter-application for recognition of expenses beyond the limits as justified (case no. A35-6739/18).

The first instance partially satisfied both applications, based on the following:

The court found justified the arguments of the tax service on causing losses as a result of the involvement of specialists by the manager, including on the basis of an agreement on the provision of services in the field of archival records management.

The court established the fact that the manager exceeded the limits on spending the bankruptcy estate in order to pay for the services of attracted specialists, while the manager did not apply to the court in a timely manner with an application to increase these limits.

At the same time, the court did not agree with the need to pay for the services of specialists in analysis, consulting, registration of acceptance, preparation of an internal inventory of documents in the case, an alphabetical index, preparation and execution of an act of allocation for destruction, compilation of case inventories, historical information, packaging in boxes. These actions, in the opinion of the court, do not require special qualifications, and can be performed by the bankruptcy trustee independently.

In such circumstances, the court concluded that the actions of the manager violated the creditors' right to repay their claims, which caused losses for the latter.