THE EX-HEAD OF THE DEBTOR IS NOT OBLIGED TO FOREVER MONITOR THE FATE OF THE COMPANY'S PROPERTY

The courts of two instances, partially satisfying the application, proceeded from the fact that it was the last head of the debtor who had the obligation to transfer all material assets to the manager.

The cassation, refusing to satisfy the claims against the last head of the debtor (one of the defendants), pointed out that the courts had not established that, at the date of consideration of the petition, the debtor's possession of the disputed property had been lost, and the defendant was illegally holding it, creating obstacles to access, hiding keys, documents, using it for his personal purposes or for making a profit.

Also, the courts did not take into account that the defendant had previously indicated to the manager the location of the disputed property, revealing to him all significant information, which was not refuted during the consideration of the dispute in the court of appeal.

At the same time, more than three years have passed from the opening of bankruptcy proceedings to the manager's petition to the court, which is a very long time for imposing on the former head of a bankrupt company the obligation to track the location of movable property, data on its movement, and ensure safety, given that the debtor has a new head who ensures anti-crisis measures.

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