The causal link between the actions (inaction) of the trustee in insolvency and…
negative consequences for the claimant in the form of damages must be direct and immediate, that is, the actions (inaction) of the trustee must be the only circumstance that did not allow the creditor to obtain satisfaction of his claims
The essence of the claim: to recover the losses caused by the inaction of the arbitration manager.
Ruling: dismissed.
Rationale: according to the creditor, during bankruptcy proceedings there was a real opportunity to replenish the bankrupt estate and conduct settlements with creditors, but through the fault of the bankruptcy trustee the money was not received in the bankrupt estate due to his failure to act to challenge the debtor’s transaction for the disposal of the company’s shares in the authorized capital. In satisfaction of requirement is denied as presence of set of the conditions necessary for attraction by the arbitration manager to civil liability in the form of the indemnification of the losses listed in Art. 15 of the Civil code of the Russian Federation is not proved, besides, the creditor has missed limitation period.