MADE HASTE AND LOST MILLIONS OF RUBLES: DISTRICT COURT RECOVERED DAMAGES FROM BANKRUPTCY TRUSTEE

MADE HASTE AND LOST MILLIONS OF RUBLES: DISTRICT COURT RECOVERED DAMAGES FROM BANKRUPTCY TRUSTEE

MADE HASTE AND LOST MILLIONS OF RUBLES: DISTRICT COURT RECOVERED DAMAGES FROM BANKRUPTCY TRUSTEE
The Arbitration Court of the North-Western District considered an interesting case on recovering losses from the bankruptcy trustee in the framework of the debtor's insolvency case.  The initiator of the process was the tax authority, and the basis for such measures was the premature settlement of the anti-crisis manager on behalf of the debtor.  The district court considered the manager's actions premature and recovered damages from him.

Initially, the dispute began with the fact that the bankruptcy trustee applied to the court with a statement to invalidate the transaction to transfer funds as part of the repayment of the debt to the tax inspectorate. The courts of first and appellate instances satisfied the claim, and the manager received a writ of execution.

On the same day, the funds were distributed by the anti-crisis manager between himself on the debt to pay for his services and one of the creditors. This happened despite challenging the tax judicial acts in cassation.

After the district court had overturned the ruling of the court of first and appellate instances, a ruling on the rotation of the execution, which established the obligation of the debtor to return the funds transferred under the writ of execution to the tax authority, was issued.

However, the debtor did not have the necessary amount due to its haste distribution by the manager. Then the tax office applied to court with a demand to recover losses from the bankruptcy trustee, and the opinion of the clerk was upheld by the district court.

The board pointed out that the trustee acted in bad faith, knowing that the consideration of the case on challenging the transfer of funds was ongoing, and prematurely debited them from the debtor's account. Now, because of such haste, the manager will have to pay money out of his own pocket (decision in case No. A21-7626 / 2012 of June 8, 2021).


30.07.2021