THE CURRENT ORDER IS NOT VIOLATED IF THE LENDER HAS NOT DECLARED HIMSELF

In the framework of the bankruptcy case (No. A57-12528/18), the Federal Tax Service applied to the court to declare illegal the actions of the manager, expressed in violation of the order of current payments. The court of first instance refused to satisfy the complaint, noting that the Federal Tax Service had not proved the manager's guilt in causing losses.

The appeal did not agree with the court of first instance, satisfying the application due to the fact that the manager violated the order of repayment of claims attributed to the second stage of current payments, expressed in violation of the calendar order of repayment of current claims attributed to one queue.

The court also pointed out that the manager is obliged to send an order to repay current payments without any notification of the occurrence of arrears on the part of the tax authority, the very fact of the occurrence of the obligation to pay tax is sufficient.

Cassation, leaving in force the definition of the first instance, drew attention to the fact that the prerequisite for the registration by the bankruptcy trustee of a payment order for the transfer of funds to the creditor for current payments on account of the fulfillment of the debtor's current obligations to a specific creditor is the latter's appeal to the bankruptcy trustee with an appropriate requirement for the fulfillment of such a current obligation, while the creditor's presentation of a claim to the debtor the repayment of the current obligation is the right of the creditor. It follows from this that the actual existence (objective existence) the debtor has a monetary obligation to the creditor for current payments without the latter presenting a corresponding claim to the debtor is not the basis for the formation of a bankruptcy trustee and sending a payment order to the bank.

The Bankruptcy Law does not provide for the obligation of the bankruptcy trustee to take measures to search for creditors on current payments in order to satisfy their claims against the debtor.

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