RusBankrot
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19/09/2024
Thursday
THIS DAY IN HISTORY:
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
19 September
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
SUPREME COURT: THE NEW MANAGER IS NOT RESPONSIBLE FOR HIS LEGAL SUCCESSORS
The new manager is not responsible for the actions of his predecessors. This conclusion was reached by the Supreme Court of the Russian Federation following the results of consideration of the complaint in the framework of the dispute on the recognition of illegal inaction of the debtor's managers at the request of the creditor (case no. A40-69394/15).
The creditor filed a corresponding application in connection with the failure of the managers to take actions to include his claim in the register of current claims.
The courts of three instances sided with the creditor, seeing signs of bad faith in the managers' inaction.
The Supreme Court of the Russian Federation refused to satisfy the application and noted that the conclusion of the courts about the unfair performance by the last of the managers of their duties is actually based on the norm, according to which the arbitration managers newly approved by the court in the bankruptcy procedure are the legal successors of the previous arbitration managers, is untenable.
As the court emphasized, this circumstance in itself cannot be considered as a sufficient and unconditional justification that the last of the managers knew or should have known about the existence of the disputed claim.
The creditor filed a corresponding application in connection with the failure of the managers to take actions to include his claim in the register of current claims.
The courts of three instances sided with the creditor, seeing signs of bad faith in the managers' inaction.
The Supreme Court of the Russian Federation refused to satisfy the application and noted that the conclusion of the courts about the unfair performance by the last of the managers of their duties is actually based on the norm, according to which the arbitration managers newly approved by the court in the bankruptcy procedure are the legal successors of the previous arbitration managers, is untenable.
As the court emphasized, this circumstance in itself cannot be considered as a sufficient and unconditional justification that the last of the managers knew or should have known about the existence of the disputed claim.
01.09.2023
