THE COURT SPECIFIED THE IMPORTANCE OF IMPARTIALITY OF THE INSOLVENCY OFFICER IN THE SIMPLIFIED BANKRUPTCY

The Commercial Court of the Ural District has considered an interesting case on the complaint of one of the creditors within the framework of the bankruptcy of the debtor under a simplified procedure.

The insolvency legislation provides for the possibility of conducting bankruptcy proceedings in a simplified manner with the immediate transition to the bankruptcy proceedings, provided that the debtor is at the stage of liquidation during the consideration of the application.

This measure is aimed at simplifying the insolvency proceedings, since the debtor's management has already made a decision to liquidate the company, and there is no sense in a meeting of creditors to determine the procedure to be introduced.

However, the absence of the opportunity to choose an insolvency officer at this very meeting may become a reason for the abuse of rights by the creditors, with whom the district court expressed its intention to fight.

The fact is that, as a part of the consideration of the insolvency petition, the court appointed an officer proposed by the first creditor. Having found no abuse, the appellate instance upheld the ruling of the lower court.

However, the district court drew the attention of the colleagues to the possible affiliation of the creditor with the debtor and outlined the need for the increased requirements to the officer in case of a simplified bankruptcy procedure.