NON-NEGOTIATION OF TRANSACTIONS CAN TURN OUT BADLY FOR THE MANAGER

The court of first instance granted the application, based on the fact that the unlawful inaction of the manager on non-negotiation of transactions has already been established by the decision of the court of appeal.

The appeal refused to satisfy the claims, guided by the fact that the applicant did not provide evidence of a causal relationship between the illegal inaction of the manager established in a separate dispute and the losses incurred by the applicant demanding compensation for such.

The district court upheld the ruling of the first instance, pointing out that in this case, the creditor, referring to the inaction of the manager, expressed in the failure to take timely measures to collect debts from borrowers and the omission of a one-year statute of limitations to challenge the debtor's transactions, appealed to the court with an application for recovery of losses from the defendant to the debtor's bankruptcy estate.

Referring to the lack of evidence of signs of insolvency of the debtor on the date of transfer of funds to borrowers, the court of Appeal did not take into account that the lack of evidence of signs of insolvency or insufficiency of property at the time of the transaction (as one of the components of the presumption of the purpose of causing harm) does not block the possibility of qualifying such a transaction as suspicious.