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THE DISTRICT COURT DID NOT RECOGNIZE THE FAULT OF BANKRUPTCY TRUSTEE IN THE INSUFFICIENCY OF BANKRUPTCY ESTATE

The Commercial Court of the North-Western District considered the case on recovering losses from the bankruptcy trustee. The claim was filed by one of the creditors, referring to the fact that the trustee did not challenge the ... ... dispute, the opinions of the judges were different: the first and the second instances took the side of the applicant, but the district court supported the trustee. His arguments were that the applicant had not proved the fact of receiving funds from the ...

District Court indicated when the director’s subsidiary liability may be reduced

... supporting this position, indicated that the discovered funds went to pay off the current payments, but not to settle with creditors. In this regard, the revealed property would not affect the amount of subsidiary liability in any way. However, the district court looked at the situation differently, recalling that the amount of subsidiary liability of the former director of the debtor was determined on the basis of both the claims of creditors and the aggregate amount of current payments, which ...

The court recovered remuneration for a bankruptcy trustee from the Central Bank of Russia

... complaint of the trustee, who did not receive part of the remuneration due to him. The anti-crisis manager honestly carried out the bankruptcy proceedings, but received only a part of payment for his services: the debtor simply ran out of funds. Then the trustee ... ... that the legislation does not provide for the possibility of collecting debt from the controlling authority of the debtor. The District Court disagreed with this interpretation of the legal norm, indicating that if the debtor's property was insufficient ...

THE COURT: TRUSTEE HAS A RIGHT TO REAPPLY FOR INSTALLMENT

The Arbitration Court of the Ural District found it possible for a trustee to reapply for the provision of an installment plan for the execution of the judicial act. An important factor in approval of such a position was the circumstances that changed at the time of the first application. Initially, the anti-crisis trustee applied to the court to approve the amount of interest on his own remuneration for conducting the debtor's insolvency procedure. The demand was satisfied, and the trustee received...

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