RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
THE MANAGER'S RESPONSIBILITY FOR MISSED OPPORTUNITIES TO REPLENISH THE BANKRUPTCY ESTATE
The bankruptcy trustee applied to the court for recovery of damages from the former debtor's trustee (case no. A40-155911/18).
In satisfying the application, the courts of the two instances proceeded from the fact that as a result of the unlawful inaction of the former bankruptcy trustee, the opportunity to replenish the bankruptcy estate was lost by obtaining the balance of mutual settlements under the lease agreement from the debtor's bankruptcy estate. In addition, cases of missing the limitation period for a number of claims for invalidation of transactions on the gratuitous alienation of vehicles have been identified. All this led to the fact that the debtor's bankruptcy estate was not replenished by certain amounts, which caused losses to the debtor and his creditors.
The cassation sent the dispute for reconsideration in part, drawing attention to the fact that the defendant's arguments that the debtor's bankruptcy estate would have been replenished in any case if the debtor's previous bankruptcy trustee had filed claims to challenge the transaction in a timely manner deserve attention, but have not received a legal assessment from the courts. The defendant indicates that there is no loss due to the absence of property from the debtor's counterparty. The stated amount of damages itself is not substantiated by relevant and admissible evidence.
With regard to the episode involving the alienation of the debtor's property in favor of one of the counterparties, since the contested judicial acts do not provide the reasons for rejecting the evidence presented by the defendant in support of his legal position, the purpose of justice has not been achieved. The violations committed can be eliminated only upon a new review of the dispute.
Photo: Freepik
In satisfying the application, the courts of the two instances proceeded from the fact that as a result of the unlawful inaction of the former bankruptcy trustee, the opportunity to replenish the bankruptcy estate was lost by obtaining the balance of mutual settlements under the lease agreement from the debtor's bankruptcy estate. In addition, cases of missing the limitation period for a number of claims for invalidation of transactions on the gratuitous alienation of vehicles have been identified. All this led to the fact that the debtor's bankruptcy estate was not replenished by certain amounts, which caused losses to the debtor and his creditors.
The cassation sent the dispute for reconsideration in part, drawing attention to the fact that the defendant's arguments that the debtor's bankruptcy estate would have been replenished in any case if the debtor's previous bankruptcy trustee had filed claims to challenge the transaction in a timely manner deserve attention, but have not received a legal assessment from the courts. The defendant indicates that there is no loss due to the absence of property from the debtor's counterparty. The stated amount of damages itself is not substantiated by relevant and admissible evidence.
With regard to the episode involving the alienation of the debtor's property in favor of one of the counterparties, since the contested judicial acts do not provide the reasons for rejecting the evidence presented by the defendant in support of his legal position, the purpose of justice has not been achieved. The violations committed can be eliminated only upon a new review of the dispute.
Photo: Freepik
29.07.2025
