THE MANAGER IS NOT OBLIGED TO NOTIFY ALL CREDITORS ABOUT THE BANKRUPTCY PROCEDURE

THE MANAGER IS NOT OBLIGED TO NOTIFY ALL CREDITORS ABOUT THE BANKRUPTCY PROCEDURE

THE MANAGER IS NOT OBLIGED TO NOTIFY ALL CREDITORS ABOUT THE BANKRUPTCY PROCEDURE
The creditor applied to the court for inclusion of the claim in the debtor's register (case no. A32-59544/22).

The courts of two instances, satisfying the application, restored the deadline for filing the claim, based on the fact that neither the applicant nor the original creditor of the debtor were informed by the financial manager about the initiation of bankruptcy proceedings of the debtor.

The District court, including the requirement for the register, proceeded from the following:

• The creditor filed a claim with the arbitration court outside the two-month period from the date of publication of information on the recognition of the debtor as bankrupt and after the closure of the register of claims of the debtor's creditors. The delay was more than 2 months.

• The bankruptcy procedure is public, information on the introduction of bankruptcy proceedings is published in the Kommersant publication, as well as in the Unified Federal Register of Bankruptcy Information; judicial acts of the bankruptcy Arbitration Court are published on the federal resource "File of Arbitration Cases" on the Internet.

• Being a special entity, a professional participant in the credit services market, the bank had to monitor the financial condition of the borrower; the bank does not need additional guarantees of judicial protection provided to the weak side.

16.04.2024