RusBankrot
We know everything about bankruptcy
03/03/2026
Tuesday
THIS DAY IN HISTORY:
3 March 
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
3 March
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
THE DEMAND FOR DOCUMENTS AS A MATTER OF THE ENFORCEABILITY OF A JUDICIAL ACT
The manager appealed to the debtor's former managers and the chief accountant with a demand for the recovery of documentation, seals, stamps, tangible and other valuables (case no. A19-20958/16).
The Court of first instance found no grounds to satisfy the application, as it found that a significant part of the requested property and documents had already been transferred to the bankruptcy trustee. He stated that the bankruptcy trustee had not provided evidence that the defendants actually had the documentation and material assets that had not been transferred.
According to the court, it has not been proven that the accounting documents are physically in the defendants' possession. On the contrary, evidence was provided that a large volume of documents had been seized by the investigating authorities, as well as that the financial statements were already in the possession of the bankruptcy trustee. Pointing to the sufficiency of the documentation already submitted to the bankruptcy trustee, the court took into account the result of the forensic examination conducted in the framework of the bankruptcy case.
The Court of Appeal partially satisfied the claims of the manager. The court demanded from the co-respondent the following documents and property necessary for the formation of the bankruptcy estate. By refusing to satisfy the rest of the stated requirements, the court recognized the personnel documents already submitted as sufficient. As indicated by the appellate instance, documents drawn up before a certain period and seized by law enforcement agencies can be obtained by the bankruptcy trustee through interaction with them.
The cassation sent the dispute for a new appeal hearing in part, noting that the Court of Appeal had not sufficiently investigated the issue of the actual location of the requested documents and property in the defendant's possession. The defendant provided evidence that:
Photo: Freepik
The Court of first instance found no grounds to satisfy the application, as it found that a significant part of the requested property and documents had already been transferred to the bankruptcy trustee. He stated that the bankruptcy trustee had not provided evidence that the defendants actually had the documentation and material assets that had not been transferred.
According to the court, it has not been proven that the accounting documents are physically in the defendants' possession. On the contrary, evidence was provided that a large volume of documents had been seized by the investigating authorities, as well as that the financial statements were already in the possession of the bankruptcy trustee. Pointing to the sufficiency of the documentation already submitted to the bankruptcy trustee, the court took into account the result of the forensic examination conducted in the framework of the bankruptcy case.
The Court of Appeal partially satisfied the claims of the manager. The court demanded from the co-respondent the following documents and property necessary for the formation of the bankruptcy estate. By refusing to satisfy the rest of the stated requirements, the court recognized the personnel documents already submitted as sufficient. As indicated by the appellate instance, documents drawn up before a certain period and seized by law enforcement agencies can be obtained by the bankruptcy trustee through interaction with them.
The cassation sent the dispute for a new appeal hearing in part, noting that the Court of Appeal had not sufficiently investigated the issue of the actual location of the requested documents and property in the defendant's possession. The defendant provided evidence that:
- The accounting documentation was kept by the Chief Accountant until December 2022.
- The receipt dated April 2022 does not contain a specific list of submitted documents.
- Many documents have already been used by the bankruptcy trustee during the forensic examination in 2021-2022.
- Some of the property and documentation could have remained in the debtor's building, which was sold during the bankruptcy proceedings.
Photo: Freepik
14.01.2026
