THE AMOUNT OF LOSSES FROM THE MANAGER MAY EXCEED THE AMOUNT OF THE CREDITOR'S CLAIMS

THE AMOUNT OF LOSSES FROM THE MANAGER MAY EXCEED THE AMOUNT OF THE CREDITOR'S CLAIMS

THE AMOUNT OF LOSSES FROM THE MANAGER MAY EXCEED THE AMOUNT OF THE CREDITOR'S CLAIMS
In the framework of the bankruptcy case (No. A41-104388/17), at the request of the creditor, the arbitration manager was suspended due to the recognition of his actions (inaction) as illegal.


Inaction was expressed in the non-negotiation of transactions on the transfer of funds under contracts, in the failure to apply to the court for the reclamation of property (equipment) under purchase and sale contracts, as well as not applying to the court with claims for the recovery of receivables.

Subsequently, the creditor filed a claim for recovery of losses from the manager, which was satisfied by the courts of three instances.

In particular, the appeal rejected the arguments of the manager that the claim for recovery of losses from him cannot exceed the amount of creditors' claims, and that losses in this amount are not subject to recovery in the debtor's bankruptcy estate, since the manager did not specify the regulatory justification for this argument.


14.07.2023