Subject of Dispute: Challenging the Court Decision on Approving the Report of the Property Liquidation Manager in the Bankruptcy Case of an Individual.
Main Arguments of the Court:
1. Bankruptcy Manager Shymechko A.Ya. did not fully perform his duties in the debt repayment procedure, specifically:
– Did not include lease payment for the land plot in the liquidation estate
– Did not attach an inventory description of property to the report
– There was a fact of inaction for a prolonged period
2. The Court deviated from previous practice and emphasized that the manager’s task is not merely to state the absence of property, but to actively search for the debtor’s assets.
3. The bankruptcy manager’s report does not meet legal requirements and cannot be approved due to incompleteness and lack of proof of actions taken.
Court Decision: Leave the appellate court’s resolution unchanged, reject the bankruptcy manager’s cassation appeal.
