THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE NEED FOR AN ARBITRATION MANAGER TO OBTAIN INSURANCE

As part of the bankruptcy case, the creditor applied for the removal of the bankruptcy trustee on the basis of the absence of an additional liability insurance contract concluded with respect to him.

The courts of three instances refused to satisfy the application due to the absence in his actions of a set of grounds for recognizing the actions (inactions) of the bankruptcy trustee of the debtor as illegal.

Not agreeing with the judicial acts, the creditor filed a complaint with the Supreme Court of the Russian Federation.

As arguments, the creditor refers to the fact that in order to remove the bankruptcy trustee due to his non-compliance with the requirements of the law, it is not necessary to establish the presence of guilt in the actions of the bankruptcy trustee or the possible infliction of losses to creditors.

The conclusions of the courts, according to the cassator, neutralize the guarantees provided by the Federal Law "On Insolvency (Bankruptcy)" for bankruptcy creditors to count on insurance compensation in case of damage caused by the actions (inaction) of the arbitration manager.

These arguments of the creditor aroused the interest of the judge of the Supreme Court of the Russian Federation Bukina I.A., by whose definition the separate dispute was referred to the economic board.

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