RusBankrot
We know everything about bankruptcy
30/01/2026
Friday
THIS DAY IN HISTORY:
30 January 
1970 Same-sex marriages were legalized in Belgium.
1970 Gay marriages were legalized in Belgium
1970 The Shekel currency was introduced in Israel.
1970 Charles Richter proposed the Richter’s scale for measuring earthquakes magnitude.
1970 Charles Richter proposed the Richter’s scale for measuring earthquakes magnitude
1970 Charles Darwin's book on natural selection was published in Russia.
1970 Charles Darwin's book on natural selection was published in Russia
30 January
1970 Same-sex marriages were legalized in Belgium.
1970 Gay marriages were legalized in Belgium
1970 The Shekel currency was introduced in Israel.
1970 Charles Richter proposed the Richter’s scale for measuring earthquakes magnitude.
1970 Charles Richter proposed the Richter’s scale for measuring earthquakes magnitude
1970 Charles Darwin's book on natural selection was published in Russia.
1970 Charles Darwin's book on natural selection was published in Russia
WHEN THE MANAGER'S INACTION BECOMES THE BASIS FOR REDUCING HIS REMUNERATION
The manager applied to the court for compensation (case no. A14-15181/18).
The Court of first instance granted the application and considered that the arbitrator had performed his duties properly. The case file does not provide unconditional evidence of non-fulfillment or formal fulfillment by the bankruptcy trustee of his duties. The filing by the arbitration administrator of an application for bringing the controlling debtor to subsidiary liability is essentially the appropriate actions of the administrator, which should be carried out in the bankruptcy procedure.
The appeal was partially satisfied, based on the fact that part of the claims for compensation was not confirmed by the manager. The cassation sent the dispute for reconsideration, noting that the courts had not taken into account the important circumstances of the case. The manager was aware of the insufficient funds for the bankruptcy procedure, but did not submit a timely request to complete the procedure.
Also, according to the cassation, the courts did not appreciate the fact of the bankruptcy trustee's late application for subsidiary liability. These circumstances could indicate that the bankruptcy trustee was actually evading the exercise of his powers.
The District Court noted that, in refusing to satisfy the application for subsidiary liability, the lower court pointed out that there was no unconditional evidence of guilt in the defendant's actions in exercising the powers of the debtor's head. Thus, the application for subsidiary liability was absolutely not motivated and had no reference to factual circumstances.
Photo: Freepik
The Court of first instance granted the application and considered that the arbitrator had performed his duties properly. The case file does not provide unconditional evidence of non-fulfillment or formal fulfillment by the bankruptcy trustee of his duties. The filing by the arbitration administrator of an application for bringing the controlling debtor to subsidiary liability is essentially the appropriate actions of the administrator, which should be carried out in the bankruptcy procedure.
The appeal was partially satisfied, based on the fact that part of the claims for compensation was not confirmed by the manager. The cassation sent the dispute for reconsideration, noting that the courts had not taken into account the important circumstances of the case. The manager was aware of the insufficient funds for the bankruptcy procedure, but did not submit a timely request to complete the procedure.
Also, according to the cassation, the courts did not appreciate the fact of the bankruptcy trustee's late application for subsidiary liability. These circumstances could indicate that the bankruptcy trustee was actually evading the exercise of his powers.
The District Court noted that, in refusing to satisfy the application for subsidiary liability, the lower court pointed out that there was no unconditional evidence of guilt in the defendant's actions in exercising the powers of the debtor's head. Thus, the application for subsidiary liability was absolutely not motivated and had no reference to factual circumstances.
Photo: Freepik
23.01.2026
