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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.
THE COURT: CREDITOR'S DOUBTS ABOUT ACCURACY OF PAYMENT OF CURRENT PAYMENTS MUST BE DISPELLED BY BANKRUPTCY TRUSTEE
The case on the challenge of actions of the bankruptcy trustee and recovery of damages from him was referred to the arbitration court at the request of the creditor. The claim was filed because the bankruptcy trustee repaid current payments in favor of a third party. Obligations in this case followed from the contract of assignment of the right of claim.
When considering the claim, the courts of the first two instances rejected it, however, the district court found that the colleagues did not understand the situation sufficiently and canceled their decisions.
The District Court, considering the complaint, recalled that if the creditor has doubts about the correctness of the trustee’s actions, in particular, regarding the settlement of claims, the trustee is obliged to dispel these doubts. It is his the responsibility to prove that his actions were lawful and justified, which was not done in the case under consideration. In addition, the manager did not present a register of current payments among the case materialst.
When considering the claim, the courts of the first two instances rejected it, however, the district court found that the colleagues did not understand the situation sufficiently and canceled their decisions.
The applicant's arguments boiled down to the fact that the legal entity that sold the right to claim against the debtor and the debtor himself were affiliated persons.
Consequently, upon establishing this fact, there were grounds for downgrading the claims of the company that bought the rights under the cession agreement.The District Court, considering the complaint, recalled that if the creditor has doubts about the correctness of the trustee’s actions, in particular, regarding the settlement of claims, the trustee is obliged to dispel these doubts. It is his the responsibility to prove that his actions were lawful and justified, which was not done in the case under consideration. In addition, the manager did not present a register of current payments among the case materialst.
Due to the incomplete investigation of the circumstances of case and mistakes made by the courts, the district court canceled the rulings and sent the case for reconsideration (ruling in case ¹ A56-63013 / 2015 of July 22, 2021).
26.08.2021
