THE CASSATION SPOKE OUT ON THE ISSUE OF RECLAIMING THE 1C DATABASE FROM THE EX-HEAD OF THE DEBTOR

THE CASSATION SPOKE OUT ON THE ISSUE OF RECLAIMING THE 1C DATABASE FROM THE EX-HEAD OF THE DEBTOR

THE CASSATION SPOKE OUT ON THE ISSUE OF RECLAIMING THE 1C DATABASE FROM THE EX-HEAD OF THE DEBTOR
In the framework of the bankruptcy case (No. A40-35418/21), the manager filed an application for the recovery of documentation from the former head of the debtor.

The court of first instance satisfied the claim, but the appeal refused to satisfy the application, referring to the fact that the documents had already been transferred by the former head, as evidenced by the transfer act.

In addition, the court rejected the arguments of the manager that the transferred information from the debtor's 1C database is unreliable.

The district court, sending the case for a new appeal, noted that the data transferred to the manager by the former head differed from the information previously transferred by the interim manager to the bankruptcy trustee from the 1C database.

In addition, the cassation noted the irrelevance of the information received from the temporary manager from the database.


Photo: Freepik


22.03.2023