INACTION OF THE ARBITRATION MANAGER TO REPLENISH THE BANKRUPTCY ESTATE AND THE RESULTING CONSEQUENCES
Based on the analysis of judicial practice in bankruptcy cases, the article examines one of the most common grounds for bringing an arbitration manager to civil liability - causing losses to creditors due to the inaction of the bankruptcy trustee to fill the bankruptcy estate. The statistics of rece...
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2022-12-01
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| Series: | Legal Bulletin |
| Subjects: | |
| Online Access: | https://en.legalbulletin.ru/data/documents/LB2022no4_15.pdf |
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| Summary: | Based on the analysis of judicial practice in bankruptcy cases, the article examines one of the most common grounds for bringing an arbitration manager to civil liability - causing losses to creditors due to the inaction of the bankruptcy trustee to fill the bankruptcy estate. The statistics of recent years on the number of cases of recovery and amounts recovered from managers for various reasons are given. The purpose of the scientific work is to analyze the norms of the current legislation related to the status of the arbitration manager, his duties to take the necessary measures that will contribute to the maximum filling of the bankruptcy estate and liability arising in case of violation of established legal requirements, as well as established legal opinions used in the practice of arbitration courts. The problems related to the failure of the arbitration manager to take measures to challenge transactions, as well as to recover receivables, are considered. The issue of possible development of the institution of bringing the arbitration manager to responsibility in the form of recovery of losses in case of adoption of new amendments to the Bankruptcy Law is analyzed. The methods used. In the course of writing the scientific work, both general scientific and various special legal methods (statistical method, comparative legal, structural analysis) were used.
Conclusions. It is concluded that not in all cases it is necessary to challenge the debtor’s transactions, take measures to return receivables and to attract controlling persons to subsidiary liability. It is proposed to specify the responsibilities of bankruptcy managers by making changes to the vague wording of the provisions of the Bankruptcy Law. Namely, the article provides proposals to supplement paragraph 5 of paragraph 2 of Article 129 of the Bankruptcy Law, which will reduce the scope of the powers of managers to act at their discretion when taking measures aimed at filling the bankruptcy estate, as well as reduce the number of unfounded claims against arbitration managers. |
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| ISSN: | 2658-5448 |