Search

THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE NEED FOR AN ARBITRATION MANAGER TO OBTAIN INSURANCE

... the courts, according to the cassator, neutralize the guarantees provided by the Federal Law "On Insolvency (Bankruptcy)" for bankruptcy creditors to count on insurance compensation in case of damage caused by the actions (inaction) of the arbitration manager. These arguments of the creditor aroused the interest of the judge of the Supreme Court of the Russian Federation Bukina I.A., by whose definition the separate dispute was referred to the economic board. Photo: Technology photo created by jannoon028 - ru.freepik.com

THE RECOVERY OF DAMAGES FROM THE ARBITRATION MANAGER DOES NOT INDICATE THE WILLFULNESS OF VIOLATIONS

... for production. During its consideration, the judicial acts of lower instances were canceled, and the claims were denied. The Supreme Court of the Russian Federation justified its position as follows: - The claims in the order of recourse in this case ... ... mercenary nature of such actions. - The prejudicial judicial acts did not indicate the intentional form of the fault of the arbitration manager, and therefore cannot become the basis for satisfying the insurer's claims by way of recourse.

RECOVERY OF LOSSES FROM THE MANAGER DOES NOT INDICATE INTENT

... the bankruptcy law is not a sufficient reason to satisfy the insurer's recourse claim, it is necessary to establish the intentional nature of the manager's actions that caused losses, the direction of these actions to extract their own benefits. The Supreme Court noted that the manager claims that his guilt in causing losses to the creditor is in the form of gross negligence, since it is due to a change in judicial practice on whether the actions imputed to the arbitration manager are lawful. In addition, the manager believes that he acted in the interests of the debtor's creditors, since at the expense of the funds received from the population, he satisfied the claims of all creditors, and not only of the named ...

Sorted by relevance | Sort by date