THE COURT ESTABLISHED THE PROCEDURE FOR THE APPOINTMENT OF A NEW BANKRUPTCY MANAGER

The case on the appointment of a new manager in the framework of the debtor's bankruptcy was referred to the Commercial Court of the Moscow District. After the current bankruptcy manager had been removed from his post, the court appointed a hearing to resolve the issue of choosing a new one.

Even before the process, one of the creditors filed a petition with a request to appoint a manager from the new self-regulatory organization.

The court of the first instance satisfied the application, choosing a manager from the members of the proposed SRO. The appeal instance supported the colleagues, referring to the fact that the authority to resolve key issues related to the debtor's property area belongs to his creditors. What is more, according to the judges, the proposed self-regulatory organization submitted all the necessary information to the court on time and in accordance with the letter of the law.

However, the debtor did not agree with such a decision of the courts and made an attempt to challenge the decisions in the district court.

At the same time, the board paid attention to the position of the appealer, indicating that the lower courts had incorrectly applied the rules of law, which entailed a violation of the procedure for appointing a manager.

According to the current bankruptcy legislation, in case of termination of the powers of the manager, the SRO he belongs to must submit the candidates for a position of bankruptcy manager to the court for their approval. And only in a situation where the self-regulatory organization does not take any actions, creditors get the right to propose another SRO, from the members of which the court a the right to choose a new manager (judgment on the case No. А40-182038 / 2017 of October 28, 2020).