An insolvency practitioner must appeal against any act which may be appealed against

The Federal Tax Service sent an application to court to challenge the inaction of an administrative agency. However, the courts of two instances dismissed the claims.

The courts leveled the unlawfulness of inaction of the administrator within the framework of the bankruptcy process, since each of the episodes attributed to the violator did not independently violate the property rights of creditors, including the Federal Tax Service. At the same time, the courts agreed that the signs of unlawful inaction of the administrator were still present, but the judges also justified their refusal to satisfy the claims of the authorized body by the fact that the deficiencies were subsequently eliminated by the next bankruptcy managers, and the possibility of performing the remaining actions was not lost.

However, the cassation overturned the judicial acts of the lower instances and sent the dispute for reconsideration, arguing its position that no proper assessment of the unlawful inaction of the administrator was given, since in another case the administrator did not apply to the court with a statement that the writ of execution should not be issued.

The cassation also pointed out that the lower courts had unreasonably dismissed the arguments that the administrator had acted unlawfully without appealing the judicial act.

Source: https://rusbankrot.ru/legislative-news/au-obyazan-obzhalovat-lyuboy-akt-kotoryy-mozhno-obzhalovat/