RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
The boundaries of the manager's responsibility in the formation of the bankruptcy estate
The creditors filed a complaint against the actions (inaction) of the financial manager of the citizen in the bankruptcy case (case no. A66-12446/22).
The Court of first instance found no grounds for satisfying the bankruptcy creditors' complaint.
The appeal satisfied the stated requirements, pointing to the failure of the financial manager to analyze the sale of an apartment by the debtor's spouse for suspicion; the failure of the manager to take measures to challenge the transaction; the failure of the manager to analyze the financial condition of the citizen, the conclusion on the presence (absence) of signs of deliberate or fictitious bankruptcy.
The cassation upheld the ruling of the first instance, pointing out that the requirement to declare illegal the inaction of the manager, expressed in the failure to analyze and not to dispute the transaction, was not considered by the court of first instance, these circumstances were not refuted when considering the case in the court of appeal.
The court considered the arguments of the complainant about the withdrawal of the court of appeal beyond the requirements stated in the court of first instance to be justified.
The conclusion of the court of appeal on the financial manager's failure to take other actions to form the debtor's bankruptcy estate contradicts the factual circumstances established by the court of first instance.
As follows from the case file, valuables were seized during the search during the criminal proceedings.
The financial manager took measures to determine the fate of this property and return it to the bankruptcy estate.
Noting that actions to determine the fate of items
luxury and jewelry were committed by the financial manager after filing a complaint about his inaction, the Court of Appeal did not take into account that the financial manager is not a party to criminal proceedings. The court of first instance found that the financial manager became aware of the withdrawal from the contents of the bankruptcy creditors' complaint, and could not have become aware earlier.
Photo: Freepik
The Court of first instance found no grounds for satisfying the bankruptcy creditors' complaint.
The appeal satisfied the stated requirements, pointing to the failure of the financial manager to analyze the sale of an apartment by the debtor's spouse for suspicion; the failure of the manager to take measures to challenge the transaction; the failure of the manager to analyze the financial condition of the citizen, the conclusion on the presence (absence) of signs of deliberate or fictitious bankruptcy.
The cassation upheld the ruling of the first instance, pointing out that the requirement to declare illegal the inaction of the manager, expressed in the failure to analyze and not to dispute the transaction, was not considered by the court of first instance, these circumstances were not refuted when considering the case in the court of appeal.
The court considered the arguments of the complainant about the withdrawal of the court of appeal beyond the requirements stated in the court of first instance to be justified.
The conclusion of the court of appeal on the financial manager's failure to take other actions to form the debtor's bankruptcy estate contradicts the factual circumstances established by the court of first instance.
As follows from the case file, valuables were seized during the search during the criminal proceedings.
The financial manager took measures to determine the fate of this property and return it to the bankruptcy estate.
Noting that actions to determine the fate of items
luxury and jewelry were committed by the financial manager after filing a complaint about his inaction, the Court of Appeal did not take into account that the financial manager is not a party to criminal proceedings. The court of first instance found that the financial manager became aware of the withdrawal from the contents of the bankruptcy creditors' complaint, and could not have become aware earlier.
Photo: Freepik
22.07.2025
