“A driving stick for arbitration managers: efficiency vs responsibility for inaction” — Tatyana Tereshchenko for Zakon.ru
The bankruptcy trustee is responsible in the same way as an unreasonable director
The task of the bankruptcy trustee (KU) in bankruptcy is to take not just any measures to search for the debtor's property, but real ones.
According to the Supreme Court of the Russian Federation, it is essential for the case to obtain all documentation on the debtor's business activities.
Remark
This means that the KU should not simply rely on assurances from the director or the owner of the debtor that the documentation, for example, has been requested from storage sites or from counterparties and will be transferred. He must compel the relevant persons to hand over the documentation, including through the court. And do it within three days (paragraph 2 of Article 126 of the GOITER).
Otherwise, the unreasonableness of actions (inaction) CU is considered proven, since bankruptcy proceedings are not accompanied by actions to obtain necessary and sufficient information, which are common for business practice in similar circumstances (paragraphs 3, 4, 12 of the Resolution of the Supreme Arbitration Court of the Russian Federation No. 62).
Read more in the article by Tatyana Tereshchenko, head of the analytical department of Prime Advice, on Zakon.ru .
See paragraph 11 of the Review of Judicial Practice on the participation of an arbitration administrator in a bankruptcy case, approved. By the Presidium of the Armed Forces of the Russian Federation 11.10.2023