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18/12/2025
Thursday
THIS DAY IN HISTORY:
18 December 
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
18 December
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
THE LIMITS OF THE MANAGER'S RESPONSIBILITIES FOR EARLY FAMILIARIZATION
The tax Service appealed to the court against the actions of the manager in the framework of the bankruptcy case (No. A69-2132/20), demanding that his actions, expressed in the failure to provide documents for review before the creditors' meeting, be declared illegal.
Partially satisfying the application, the courts of two instances proceeded from the fact that the authorized body was deprived of the opportunity to get acquainted with the draft settlement agreement in a timely manner and prepare appropriate objections, if any, which is a significant violation that deprived the creditor of forming the will (to determine an objective position on the issue), in connection with which they recognized improper performance by the bankruptcy trustee responsibilities.
The cassation refused to satisfy the application, pointing out that in the case under consideration, the issue of approving the settlement agreement was initiated by the bankruptcy creditor, who was invited to consider approving the settlement agreement. At the same time, the draft settlement agreement was not attached to the notification of the convening of a meeting on the initiative of the creditor, it was indicated that the draft would be submitted to the creditors' meeting. The failure to submit a draft settlement agreement to the meeting served as the basis for postponing the meeting. The draft settlement agreement was received by the bankruptcy trustee untimely, which is not disputed by the persons involved in the case. Upon receipt, the requested document was sent to the authorized body. The case materials do not contain evidence of an earlier receipt of the project by the bankruptcy trustee.
Under the circumstances described, the district court concluded that it was objectively impossible for the bankruptcy trustee to fulfill the obligation to submit materials to the creditors' meeting of the company in advance regarding the direction of the draft settlement agreement. This circumstance excludes the defendant's guilt in the imputed offense, which, as a result, indicates the absence of grounds for recognizing improper performance by the bankruptcy trustee of duties expressed in the failure to provide materials – a draft settlement agreement to be considered at the creditors' meeting.
In addition, one of the conditions for satisfying a complaint about the actions (inaction) of the arbitration administrator is the continued violation of the rights and legitimate interests of the creditor (the complainant) at the time of the decision on the complaint. As follows from the case materials freely available, the court's ruling on the bankruptcy of the company declared the decisions of the creditors' meeting invalid at the request of the authorized body. The judicial act has entered into legal force and has not been appealed. For the resolution of the present dispute, the fact of violation by the contested action/omission of the rights and legitimate interests of the complainant is essential. The restoration of the creditor's right before considering the complaint on its merits determines the conclusion that there are no negative consequences associated with the lack of a draft settlement agreement.
Photo: Freepik
Partially satisfying the application, the courts of two instances proceeded from the fact that the authorized body was deprived of the opportunity to get acquainted with the draft settlement agreement in a timely manner and prepare appropriate objections, if any, which is a significant violation that deprived the creditor of forming the will (to determine an objective position on the issue), in connection with which they recognized improper performance by the bankruptcy trustee responsibilities.
The cassation refused to satisfy the application, pointing out that in the case under consideration, the issue of approving the settlement agreement was initiated by the bankruptcy creditor, who was invited to consider approving the settlement agreement. At the same time, the draft settlement agreement was not attached to the notification of the convening of a meeting on the initiative of the creditor, it was indicated that the draft would be submitted to the creditors' meeting. The failure to submit a draft settlement agreement to the meeting served as the basis for postponing the meeting. The draft settlement agreement was received by the bankruptcy trustee untimely, which is not disputed by the persons involved in the case. Upon receipt, the requested document was sent to the authorized body. The case materials do not contain evidence of an earlier receipt of the project by the bankruptcy trustee.
Under the circumstances described, the district court concluded that it was objectively impossible for the bankruptcy trustee to fulfill the obligation to submit materials to the creditors' meeting of the company in advance regarding the direction of the draft settlement agreement. This circumstance excludes the defendant's guilt in the imputed offense, which, as a result, indicates the absence of grounds for recognizing improper performance by the bankruptcy trustee of duties expressed in the failure to provide materials – a draft settlement agreement to be considered at the creditors' meeting.
In addition, one of the conditions for satisfying a complaint about the actions (inaction) of the arbitration administrator is the continued violation of the rights and legitimate interests of the creditor (the complainant) at the time of the decision on the complaint. As follows from the case materials freely available, the court's ruling on the bankruptcy of the company declared the decisions of the creditors' meeting invalid at the request of the authorized body. The judicial act has entered into legal force and has not been appealed. For the resolution of the present dispute, the fact of violation by the contested action/omission of the rights and legitimate interests of the complainant is essential. The restoration of the creditor's right before considering the complaint on its merits determines the conclusion that there are no negative consequences associated with the lack of a draft settlement agreement.
Photo: Freepik
17.12.2025
