THE DEBTOR'S PROPERTY MUST BE SOLD. IT DOESN'T MATTER WHAT THE NAME OF THE SALES DOCUMENT IS

Refusing to satisfy the application, the courts of two instances proceeded from the fact that the case file did not include the regulation on the sale of the debtor's property, which deprives the court of the opportunity to consider such a provision on the sale procedure and assess its conditions for compliance with the requirements of the current bankruptcy legislation.

The cassation sent the dispute for reconsideration, pointing out that the managers had submitted to the case materials all the necessary minutes of creditors' meetings, notifications of other creditors' meetings, as well as the procedure for the sale of property. Among other things, the terms of the agreement on the sale of the debtor's property received from the liquidator were presented, containing essential conditions for the procedure, conditions and terms of sale, transportation of the debtor's property, the procedure for financing measures for transportation, storage, advertising of property received from the liquidator, the manager's proposal to provide compensation to creditors.

In the reasoned opinion of the cassator, these documents, no matter how they were named, were enough to give an exhaustive legal assessment of the conditions for the sale of the debtor's property, and if the courts considered these documents insufficient, they have the right to invite the manager to provide additional evidence.

At the same time, the creditors in this case took a passive procedural position, in connection with which the manager appealed to the court for assistance in order to sell the debtor's property as soon as possible and replenish the bankruptcy estate in the interests of all creditors.