THE MANAGER HAS THE RIGHT TO REQUEST INFORMATION ABOUT TRANSPORT FROM THE TRAFFIC POLICE

THE MANAGER HAS THE RIGHT TO REQUEST INFORMATION ABOUT TRANSPORT FROM THE TRAFFIC POLICE

THE MANAGER HAS THE RIGHT TO REQUEST INFORMATION ABOUT TRANSPORT FROM THE TRAFFIC POLICE
In the framework of the bankruptcy case (no. A40-4514/19), the manager applied to the court with an application for the reclamation of evidence, namely information about vehicles whose alienation transactions were challenged.

The courts of three instances refused to satisfy the application. According to the courts, creditors' rights are protected by judicial acts on the recognition of transactions as invalid.

The Supreme Court of the Russian Federation referred the complaint to the judicial board, noting that the existence of a judicial act invalidating transactions made by the debtor on the eve of bankruptcy does not in itself prevent the filing of a vindication claim against the final purchasers of the property alienated under such transactions. Without the assistance of the court considering the bankruptcy case, the bankruptcy trustee is deprived of the opportunity to establish the proper defendant in the vindication claim, to analyze the information necessary to resolve the issue of the expediency of its filing. The court's refusal to provide assistance made it impossible to carry out all the measures necessary to replenish the bankruptcy estate.


Photo: Freepik


07.03.2023