The Court of Appeal indicated when enforcement proceedings cannot be terminated

The bankruptcy trustee initiated a case to terminate the enforcement proceedings. The case was initiated on the basis of the court order which was issued earlier and was based on the losses that the bankruptcy trustee  had caused to the debtor company.  However, neither the court of first instance nor the court of appeal saw any possibility of satisfying the applicant's claims.

As part of the bankruptcy case of the company, the trustee appointed by the court was first removed from his duties due to inaction, and then losses in the amount of 5 million rubles were recovered from him. The decision entered into force, due to which the court issued a writ of execution, and the bailiff initiated proceedings to collect the debt.

However, the trustee made a decision to challenge the recovery of money from him by terminating the enforcement proceedings.

The applicant referred to the fact that, in his opinion, the bailiff violated the procedure for claiming damages, established in the Article 1072 of the Civil Code of the Russian Federation. The norm provides for the recovery of money from a person who has insured his/her liability.

However, the courts reminded the applicant that the law established the grounds for terminating enforcement proceedings. The specified list did not include the reason voiced by the trustee. Moreover, his attempt to stop the enforcement proceedings in such a way was aimed at reconsideration of the court decision that had entered into legal force, which was unacceptable.

The result of the consideration of the dispute was the rejection of the complaint of the trustee and the upholding of the ruling of the court of first instance (decision in case № A13-11395 / 2021 of April 4, 2022).