THE MANAGER WILL NOT BE RESPONSIBLE FOR THE LOSS OF ILLIQUID ACCOUNTS RECEIVABLE

The creditor appealed to the court with an application for recovery of losses from the manager (case No. A41-82674/18).

The court of First instance partially satisfied the application, since the ruling that entered into force recognized the inaction of the manager as illegal, expressed in the failure to take measures to enforce court decisions on the recovery of receivables. The amount of losses was determined by the court based on the results of a forensic examination that established the market value of the receivable.

The appeal refused to satisfy the claims, based on the lack of evidence of a causal relationship between the inaction of the manager and the occurrence of losses on the debtor's side. The court found that at the time the courts made decisions on debt collection from debtors, the latter were in bankruptcy proceedings, and therefore receiving funds from them to repay the existing debt seemed unlikely.

The district court upheld the ruling of the first instance, agreeing with its conclusions.

The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and drew attention to the arguments about the correctness of the conclusion of the court of appeal on the lack of proof of the set of conditions necessary to recover damages from him. The manager also draws attention to the fact that the probability of collecting receivables is refuted by the evidence available in the dispute materials (information from banks and an authorized body; financial analysis, the manager's report on determining the market value of receivables), which has not been assessed by the courts.