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

... guilt in the actions of the bankruptcy trustee or the possible infliction of losses to creditors. The conclusions of 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

... 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... ... recourse in this case cannot be based solely on the fact that the manager violated the bankruptcy legislation, because such a violation may be the result of negligence. To... ... 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...

RECOVERY OF LOSSES FROM THE MANAGER DOES NOT INDICATE INTENT

... Court stressed that the mere fact of the manager's violation of the provisions of the bankruptcy law is not a sufficient reason to satisfy the insurer's recourse claim, it... ... 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... ... 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...

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