THE RECOVERY OF DAMAGES FROM THE ARBITRATION MANAGER DOES NOT INDICATE THE WILLFULNESS OF VIOLATIONS

As part of the bankruptcy proceedings, the arbitration manager was subject to compulsory insurance compensation for losses to the creditor. The insurer, based on this fact, filed a claim with the court for the recovery of material assets from him by way of recourse.

During the trial, the claim was satisfied by three instances. The courts relied on the bankruptcy court's ruling, which was prejudicial to this proceeding. In accordance with this judicial act, the willfulness of the manager's actions was considered proven.

The manager filed a complaint with the Supreme Court of the Russian Federation, accepted for production. During its consideration, the judicial acts of lower instances were canceled, and the claims were denied.

The Supreme Court of the Russian Federation justified its position as follows:

- The claims in the order of recourse in this case cannot be based solely on the fact that the manager violated the bankruptcy legislation, because such a violation may be the result of negligence. To meet such requirements, it is necessary to prove the willfulness of the manager's actions, as well as the mercenary nature of such actions.

- The prejudicial judicial acts did not indicate the intentional form of the fault of the arbitration manager, and therefore cannot become the basis for satisfying the insurer's claims by way of recourse.