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.
VERIFICATION OF THE INTEGRITY OF THE MANAGER IN THE ABSENCE OF TRANSPARENCY
The debtor appealed to the court against the actions (inaction) of the financial manager, pointing out the non-payment of the subsistence minimum of the debtor and his minor child, as well as the funds excluded from the bankruptcy estate by the court ruling (case no. A40-167662/21).
In rejecting the complaint, the courts of two instances proceeded from the fact that the debtor had not proven the circumstances of the violation of his rights by the actions of the financial manager. These actions indicate that the manager has taken all reasonable and possible measures to implement the debtor's property rights, and therefore the information contained in the report is considered reliable. The absence of information about complaints in the financial manager's report does not indicate a violation of the law and does not affect the legality or completeness of the report. The arguments that the manager is not taking actions to sell the vehicle were rejected, since the specified property was not registered with the debtor and could not be sold in bankruptcy proceedings.
The cassation sent the dispute for reconsideration, noting that the conclusions of the courts were premature in terms of arguments regarding the payment of the living wage of the debtor and the minor child, as well as funds excluded from the bankruptcy estate by the court ruling. The actions of the financial manager are subject to assessment for compliance with the principles of reasonableness and good faith. The law provides for the monthly provision of funds for a living wage, unless otherwise provided by an agreement between the debtor and the financial manager.
In addition, the court of cassation noted the need to establish the circumstances of the movement of disputed funds received from the sale of the debtor's property. The courts did not involve the former financial manager and his proxy in the case, who disposed of the funds received from the sale of the debtor's property. The issue of involving the debtor's spouse as a third party to provide additional explanations regarding the receipt or non-receipt of funds was also not considered.
Photo: Freepik
In rejecting the complaint, the courts of two instances proceeded from the fact that the debtor had not proven the circumstances of the violation of his rights by the actions of the financial manager. These actions indicate that the manager has taken all reasonable and possible measures to implement the debtor's property rights, and therefore the information contained in the report is considered reliable. The absence of information about complaints in the financial manager's report does not indicate a violation of the law and does not affect the legality or completeness of the report. The arguments that the manager is not taking actions to sell the vehicle were rejected, since the specified property was not registered with the debtor and could not be sold in bankruptcy proceedings.
The cassation sent the dispute for reconsideration, noting that the conclusions of the courts were premature in terms of arguments regarding the payment of the living wage of the debtor and the minor child, as well as funds excluded from the bankruptcy estate by the court ruling. The actions of the financial manager are subject to assessment for compliance with the principles of reasonableness and good faith. The law provides for the monthly provision of funds for a living wage, unless otherwise provided by an agreement between the debtor and the financial manager.
In addition, the court of cassation noted the need to establish the circumstances of the movement of disputed funds received from the sale of the debtor's property. The courts did not involve the former financial manager and his proxy in the case, who disposed of the funds received from the sale of the debtor's property. The issue of involving the debtor's spouse as a third party to provide additional explanations regarding the receipt or non-receipt of funds was also not considered.
Photo: Freepik
29.10.2025
