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.
TRADES THAT DIDN'T HAPPEN: WHO PAYS FOR THE MANAGER'S MISTAKES?
The bidder applied to the court to recover damages from the manager in the form of expenses for the representative's services (case no. A32-9717/16).
The court of first instance concluded that the citizen's claims for recovery of losses from the arbitration administrator in the form of expenses incurred in the framework of the dispute initiated by the fault of the administrator to pay for the services of a representative were justified.
The appeal did not agree with the conclusions of the first instance, rejecting the application.
While upholding the ruling of the first instance, the cassation noted that when considering a separate dispute on invalidation of the auction, the bankruptcy trustee does not defend his personal interests, but acts as the debtor's administrator appointed by the arbitration court in the interests of the debtor and his creditors.
In satisfying the stated claims, the court of first instance legitimately indicated that the time period should be calculated from the date of completion of the bankruptcy procedure, before which the applicant was entitled to expect satisfaction of his claims.
The court of first instance, in the opinion of the cassation, legitimately pointed out that if the debtor did not have sufficient funds to repay the court costs, due to the unlawful actions of the arbitration administrator, who paid the corresponding amounts, has the right to claim damages from the arbitration administrator. Considering the above, the court of appeal had no grounds for revoking the ruling of the court of first instance and refusing to satisfy the citizen's application.
Photo: Freepik
The court of first instance concluded that the citizen's claims for recovery of losses from the arbitration administrator in the form of expenses incurred in the framework of the dispute initiated by the fault of the administrator to pay for the services of a representative were justified.
The appeal did not agree with the conclusions of the first instance, rejecting the application.
While upholding the ruling of the first instance, the cassation noted that when considering a separate dispute on invalidation of the auction, the bankruptcy trustee does not defend his personal interests, but acts as the debtor's administrator appointed by the arbitration court in the interests of the debtor and his creditors.
In satisfying the stated claims, the court of first instance legitimately indicated that the time period should be calculated from the date of completion of the bankruptcy procedure, before which the applicant was entitled to expect satisfaction of his claims.
The court of first instance, in the opinion of the cassation, legitimately pointed out that if the debtor did not have sufficient funds to repay the court costs, due to the unlawful actions of the arbitration administrator, who paid the corresponding amounts, has the right to claim damages from the arbitration administrator. Considering the above, the court of appeal had no grounds for revoking the ruling of the court of first instance and refusing to satisfy the citizen's application.
Photo: Freepik
17.09.2025
