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 RIGHT TO KNOW: INFORMATION ABOUT THE RESERVATION OF FUNDS AS A SUBJECT OF DISPUTE
The creditor applied to the court for recognition of the manager's inaction, which was expressed in the refusal to provide information on the balance of funds in the debtor's current account and current expenses (case no. A05-4387/20).
The courts of two instances satisfied the application, concluding that the purpose of the bankruptcy proceedings is to settle with creditors, therefore, the disclosure of the purpose of the reservation of funds carried out by the bankruptcy trustee corresponds to the objectives of the bankruptcy proceedings.
Consequently, as the court pointed out, the creditor's expectation of information, distribution of funds in order to satisfy his claim, as well as obtaining the necessary information, satisfaction of the claim are legitimate. Control over the expenditure of funds during the bankruptcy proceedings is one of the fundamental and significant for the debtor's creditors, therefore, the court considered it justified to provide the creditors' meeting with accurate information about the composition and amount of reserved funds, as well as the reasons for such reservation.
The cassation refused to satisfy the application, drawing attention to the fact that it follows from the case file that the bankruptcy trustee had prepared and submitted to the creditors' meeting a report on his activities and the results of the bankruptcy proceedings, which reflected information, including information on the amount of funds credited to the debtor's main account and the sources of income; information about the persons involved by the arbitration manager to ensure their activities; information on the number and total amount of debt collection claims submitted by the bankruptcy trustee to third parties; information on the amount of creditors' claims included in the register; information on the costs of conducting bankruptcy proceedings, indicating specific amounts of expenses.
The bankruptcy trustee also disclosed in the report information on the amount of court costs collected from the company in separate disputes, which were attributed by the trustee to the current requirements of the queue. The company did not refute the bankruptcy trustee's argument about receiving an extract from the debtor's bank account before the creditors' meeting, which contains information about the account transactions, as well as the account balance.
As of the date when the company clarified the claim on the complaint under consideration, the debtor's account balance was indicated by the creditor in the motion to dismiss the complaint about the inaction of the bankruptcy trustee. Consequently, the bankruptcy trustee disclosed the necessary and sufficient information about the course of bankruptcy proceedings, the sources of funds received into the bankruptcy estate and their expenditure, as well as the reasons for reserving funds: payment of remuneration to the manager and repayment of current court costs.
Within the framework of the complaint under consideration, there were no claims for violation of the priority of satisfying creditors' claims and/or unjustified expenditure of the bankruptcy estate, and there was no claim for the manager's obligation to distribute the appropriate funds reserved in the debtor's account.
The company's request was aimed at obtaining information from the bankruptcy trustee about the balance of funds in the debtor's account and the availability of current expenses that prevent the manager from paying off debts to creditors. Such information has been provided. In this regard, the conclusion of the courts on the unlawful inaction of the bankruptcy trustee does not correspond not only to the actual circumstances as of the date of the issuance of the contested judicial acts, but also to the content of the bankruptcy trustee's report.
Photo: Freepik
The courts of two instances satisfied the application, concluding that the purpose of the bankruptcy proceedings is to settle with creditors, therefore, the disclosure of the purpose of the reservation of funds carried out by the bankruptcy trustee corresponds to the objectives of the bankruptcy proceedings.
Consequently, as the court pointed out, the creditor's expectation of information, distribution of funds in order to satisfy his claim, as well as obtaining the necessary information, satisfaction of the claim are legitimate. Control over the expenditure of funds during the bankruptcy proceedings is one of the fundamental and significant for the debtor's creditors, therefore, the court considered it justified to provide the creditors' meeting with accurate information about the composition and amount of reserved funds, as well as the reasons for such reservation.
The cassation refused to satisfy the application, drawing attention to the fact that it follows from the case file that the bankruptcy trustee had prepared and submitted to the creditors' meeting a report on his activities and the results of the bankruptcy proceedings, which reflected information, including information on the amount of funds credited to the debtor's main account and the sources of income; information about the persons involved by the arbitration manager to ensure their activities; information on the number and total amount of debt collection claims submitted by the bankruptcy trustee to third parties; information on the amount of creditors' claims included in the register; information on the costs of conducting bankruptcy proceedings, indicating specific amounts of expenses.
The bankruptcy trustee also disclosed in the report information on the amount of court costs collected from the company in separate disputes, which were attributed by the trustee to the current requirements of the queue. The company did not refute the bankruptcy trustee's argument about receiving an extract from the debtor's bank account before the creditors' meeting, which contains information about the account transactions, as well as the account balance.
As of the date when the company clarified the claim on the complaint under consideration, the debtor's account balance was indicated by the creditor in the motion to dismiss the complaint about the inaction of the bankruptcy trustee. Consequently, the bankruptcy trustee disclosed the necessary and sufficient information about the course of bankruptcy proceedings, the sources of funds received into the bankruptcy estate and their expenditure, as well as the reasons for reserving funds: payment of remuneration to the manager and repayment of current court costs.
Within the framework of the complaint under consideration, there were no claims for violation of the priority of satisfying creditors' claims and/or unjustified expenditure of the bankruptcy estate, and there was no claim for the manager's obligation to distribute the appropriate funds reserved in the debtor's account.
The company's request was aimed at obtaining information from the bankruptcy trustee about the balance of funds in the debtor's account and the availability of current expenses that prevent the manager from paying off debts to creditors. Such information has been provided. In this regard, the conclusion of the courts on the unlawful inaction of the bankruptcy trustee does not correspond not only to the actual circumstances as of the date of the issuance of the contested judicial acts, but also to the content of the bankruptcy trustee's report.
Photo: Freepik
25.09.2025
