RECOVERY OF LOSSES FROM THE MANAGER DOES NOT INDICATE INTENT

In the framework of the case on the recovery of insurance payments by way of recourse on the claim of the insurance company from the arbitration manager (case no. A40-81332/22), the courts considered the question of to what extent the existence of a judicial act on the recovery of losses from the manager in favor of the debtor's bankruptcy case indicates the right of the insurer to a recourse claim.

The courts of three instances satisfied the claim of the insurance company, recognizing that the prejudicial value of the definition in the bankruptcy case gives the insurer the right to collect the insurance payment from the manager.

The Supreme Court of the Russian Federation referred the case to the board and reflected the arguments of the manager in the ruling. The Court stressed that the mere fact of the manager's violation of the provisions of the bankruptcy law is not a sufficient reason to satisfy the insurer's recourse claim, it is necessary to establish the intentional nature of the manager's actions that caused losses, the direction of these actions to extract their own benefits.

The Supreme Court noted that the manager claims that his guilt in causing losses to the creditor is in the form of gross negligence, since it is due to a change in judicial practice on whether the actions imputed to the arbitration manager are lawful.

In addition, the manager believes that he acted in the interests of the debtor's creditors, since at the expense of the funds received from the population, he satisfied the claims of all creditors, and not only of the named resource-supplying organization.

Consideration of the manager's complaint is scheduled for September 13, 2023.