THE APPOINTMENT OF A COLLEAGUE IN THE SRO AS A MANAGER IS UNACCEPTABLE

The debtor's manager applied to the court for exemption from the duties of a financial manager in the bankruptcy case of a citizen (No. A41-37266/21).

The courts of two instances satisfied the application and appointed a new manager, based on the fact that at the creditors' meeting it was decided to define the Self-regulating Organization of Arbitration Managers as a self-regulating organization, from among whose members the debtor's arbitration manager should be approved.

Since the inconsistency of the submitted candidacy of the arbitration manager with the requirements of the articles of the Bankruptcy Law has not been established, the court approved the specified person as the financial manager of the debtor.

The cassation sent the dispute for a new review on the debtor's complaint and noted the following:

• The debtor argued for the entry of the manager and the majority creditor into the executive body of the Self-Regulating Organization of Arbitration Managers.

• In fact, from the arguments of the debtor given in the court of appeal, it follows that the majority creditor, being the arbitration administrator himself, proposed as a self-regulating organization exactly the SRO of which he is a member.