Application for bankruptcy trustee to the arbitration court. Sample complaint about illegal inaction of an arbitration manager

Arbitration manager - key person at the stages of the bankruptcy process. He is a specialist high level, who is appointed by the arbitration court to carry out certain actions in all recognition procedures financial insolvency debtor. In practice, there is a lot of disagreement with the actions of the manager on the part of those interested in the business. All controversial issues settled in a judicial body, where one or more persons submit applications. To whom and where should I complain about the bankruptcy trustee?

The role of the arbitration manager

The main task of this specialist is to restore management of an organization that is at the stage of bankruptcy. The arbitration manager carries out his activities under the supervision of a judicial authority. The main task of the manager is to establish economic activity organizations and in maximum form satisfy the demands of creditors. The arbitration manager acts in court on behalf of the defendant and plaintiff, makes demands on persons who have debts to the individual entrepreneur, manages its assets, and also performs all other necessary actions, which are aimed at maintaining and creating a bankruptcy estate.

The arbitration manager operates independently or together with the head of the organization.

Persons involved in a bankruptcy case

To protect own interests, bankruptcy creditors have the right to appeal to the Arbitration Court with complaints (petitions) against the actions of the bankruptcy trustee. These rights are granted by Art. 60 Federal Law “On Bankruptcy” (part one, two, three). Only persons participating in the bankruptcy case have the right to file complaints, which include:

1. bankruptcy creditors;
2. citizens in whose favor an act of harm to health was issued;
3. representative of the property owner;
4. employee representative.

According to Part 4 of Article 60 of the Law “On Insolvency (Bankruptcy)”, claims filed by citizens and persons not participating in the bankruptcy case are not considered.

Who to complain about the bankruptcy trustee

So, the organizations and bodies where you can write a complaint against the arbitration manager are the following:

• Arbitration court

Most main body, to which you can file a complaint against the actions of the arbitration manager, this is the Arbitration Court, which studies bankruptcy cases.

How to file a complaint against the manager’s actions in court:

• the complaint is filed by a person who is involved in the bankruptcy case (Article 60 of the Bankruptcy Law);
• the claim must comply with the requirements of the Arbitration Procedure Code of the Russian Federation;
• When considering your application, you must appear at Judicial authority and justify your arguments.

Important! Not every complaint is satisfied by the court. Arbitration managers are professional participants bankruptcy market and have a large arbitration practice. Moreover, they do not control the activities of the enterprise alone, but attract bankruptcy specialists. Therefore, it is better to involve professionals to appeal the actions (inaction) of arbitration managers.

• Rosreestr

According to part 3 of Art. 14.13 of the Code of Administrative Offenses of the Russian Federation, failure of the arbitration manager, as well as the head of the temporary administration of the credit company, to fulfill the duties established by the law on insolvency (bankruptcy), if such action (inaction) is not criminal punishable crime, entails administrative responsibility.

Important! The arbitration manager is brought to administrative responsibility by the bodies of Rosreestr in judicial procedure.

A complaint to Rosreestr about the actions of the bankruptcy trustee does not always need to be sent to the central office, as this will only delay its consideration. It is advisable to send a complaint to the department at your territorial location.

The SRO must monitor the professional activities of members of the self-regulatory organization - arbitration managers in the field of compliance with the rules of the Bankruptcy Law and other regulations, standards and rules professional activity. To consider claims against the actions of arbitration managers in the SRO, there is special body, which is called the disciplinary committee. Thus, before sending a complaint against the bankruptcy trustee to the SRO, we advise you to study the regulatory and statutory documents SRO.

The Federal Tax Service of the Russian Federation is authorized body in bankruptcy cases. It is advisable to file complaints here if the bankruptcy trustee has harmed creditors (including the state), as well as in the event of a seizure of the enterprise.

• Other organs

Other bodies where you can complain about the bankruptcy trustee are the prosecutor's office, the Ministry of Finance of the Russian Federation, as well as internal affairs and others.

Important! When filing a complaint, you need to send the petition to the correct address, understanding that which body has the competence of a particular issue.

Complaint against the actions of the bankruptcy trustee - filing form

It is possible to appeal against the actions (inaction) of the bankruptcy trustee in the following forms:

1. petitions, complaints and statements submitted to the Arbitration Court;
2. claims to the control (supervision) body and law enforcement agencies;
3. appeals to other authorities, for example, the Federal Tax Service of the Russian Federation;
4. complaints addressed to the self-regulatory organization of insolvency practitioners.

What should be the content of the complaint?

The petition (complaint) in its form is procedural document, which is compiled in writing. This paper must contain all the exact details that make it possible to determine the Arbitration Court to which it is submitted, information about the plaintiff and defendant, and a link to the registration number of the bankruptcy case.

A complaint is drawn up according to a common template and requirements similar to the claims in Article 131 of the Code of Civil Procedure of the Russian Federation. It contains the following parts:

• Introductory. Indicates where the petition is submitted, contains details of the participants and the court, including names and addresses. It is important to include the number of the bankruptcy case in which your complaint is filed.
• Descriptive or basic. Reveals the essence of the case, reports on the specific actions of the arbitration manager, referring to the violated articles of legislation.
• Demanding or resolute. Indicates the powers of the body to which the complaint is sent and the requirements of the complainant. If this is a judicial body, then it has the power to expel a specialist, as well as replace, cancel his decisions and hold him accountable.

Important! It is important to indicate specific articles of legislation under which sanctions must be applied.

Sample complaint about illegal inaction of an arbitration manager

ATTENTION! Due to latest changes due to legislation, the information in the article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Bankruptcy is a complex process in which there is a place and special powers arbitration managers. Sometimes such powers give specialists too much freedom, and in this case the law provides for filing a complaint against their actions.

Since arbitration managers, especially bankruptcy managers, must work impartially and in the interests of the participants in the case, the state monitors the performance of their duties and allows disqualification.

There are many opportunities to influence the manager and not only in court, but always through a complaint to the appropriate authority. Although not all actions can be reviewed in practice.

Which actions of the manager are subject to appeal and which are not?

The peculiarity of the work of an arbitration manager is the wide range of his powers under the law. This is how the state strives to resolve the bankruptcy issue quickly and to the point.

The meeting of creditors has to separately impose restrictions on the activities of the manager. If this does not happen, the specialist’s work may result in unnecessary losses and violate the interests of the parties.

The main document regulating the filing of a complaint against the actions of a specialist is the federal law“On Insolvency” No. 127 of October 26, 2002 (hereinafter referred to as the Law). General procedure specified in Art. 60 of the Law.

However, the law only stipulates common features possible violations on the part of the arbitration manager:

• Failure to respect the rights and interests of bankruptcy participants(working in one’s own interests or for third parties). how the debtor's bankruptcy is carried out.
• Failure to fulfill direct obligations in the bankruptcy process in part of Art. 20 and Art. 129 of the Law.
• Violation of reporting forms and deadlines in terms of Art. 26 and art. 143 Law. What is an arbitration manager's report?
• Ignoring program development in accordance with Art. 130 of the Law.

The Supreme Arbitration Court of the Russian Federation, in its Letter No. 88 “On some issues related to the approval and removal of arbitration managers” dated December 30, 2004, identified two main groups of offenses:

1. Violation of the direct duties of the bankruptcy manager;
2. Violation of work regulations or Government instructions on the activities of managers in Government Letters.

Arbitration specialists must follow the Law and the rules established by the self-regulatory organizations (SROs) of which they belong. Plus, the activities of SROs are regulated by the Government and explained by the Supreme Arbitration Court of the Russian Federation.

Violations leading to the removal of the bankruptcy trustee

In practice, the forms of violations on the part of arbitration managers are varied, and they cannot always be appealed. It makes sense to highlight only those that are always suppressed by the court:

1. Ignoring the direct responsibility for holding creditor meetings and giving opinions on the results of work;
2. Missing deadlines for regular creditor meetings;
3. Failure to comply urgently;
4. Failure to report results bankruptcy proceedings;
5. Delaying, leading to its extension by the court and new losses;
6. Concealing property valuation results from creditors;
7. Lack of price approval by lenders bankruptcy property;
8. Lack of efforts to allocate bankruptcy property and evaluate it.

As you can see, the court takes into account only direct violations of the bankruptcy procedure, and the main entity that can file a complaint is the creditors’ meeting.

The key criterion is the presence of losses or their potential opportunity from the activities of the arbitration manager. It is also very important to coordinate bankruptcy proceedings with the meeting of creditors.

The results of the assessment, the competitive process and other results are necessarily conveyed to the participants in the case, but the documents on the case are not. The specialist must only timely support evidence for reports in federal base(EFRS).

The main entity that can file a complaint is the creditors' meeting.

Ambiguous actions of the manager allowed by the court

In his activities, the manager is guided by his own management apparatus, which, without the control of the owner and creditors, can seriously grow.

The manager turns to various specialists, since he himself is primarily a manager.

It is also important that creditors who do not submit their claims on time and do not attend the creditors’ meeting are deprived of the right to restrict the managers.

1. This way you can determine actions for which the court has no objections:
2. Concluding an office rental agreement on behalf of the debtor;
3. Involvement of various specialists in the work, especially lawyers;

Refusal to provide documents on the case at the request of individual creditors.

In practice, the court recognizes the actions of the arbitration manager as legal if they follow the instructions of the meeting of creditors. The court believes that only the meeting is a controlling body.

If the meeting does not take into account any points or stipulates contrary to the opinion of one of the creditors, the claims against the manager are unfounded.

The procedure for filing a complaint against the manager’s actions The possibility of a complaint against the actions of the arbitration manager is regulated by Art. 60 of the Law and allows only participants in the process to go to court. However, you can not only go to court. More full list

1. The authorities where an appeal can take place are as follows:
2. SRO in which the specialist is a member;
3. Rosreestr;
4. Tax Service;

Arbitration court.

The representative of the bankrupt employees stands apart, since he has only the right of limited presence, but not the right to file a complaint. Its capabilities are limited by Art. 12 and art. 15 of the Law.

Various authorities examine complaints regarding on separate grounds. You should know where and in what cases you should send requests.

Competent organizations specialize in filing and supporting complaints, especially complaints, and help with a working sample.

Where can I file a complaint against the arbitration manager?

Self-regulatory management organizations (SROs), uniting and controlling their members like bar associations, have a disciplinary committee. By submitting a complaint to them, you can count on:

1. Disciplinary action;
2. Disqualification of the manager.

The Tax Service helps in matters of violations of the bankruptcy procedure and fights its criminal forms. When it came to fictitious bankruptcy or an attempt by an arbitration manager to circumvent the law, the Federal Tax Service has repeatedly intervened and proven its effectiveness.

A complaint should be sent to the inspectorate only if there is a reasonable suspicion of seizure or seizure. Responsibility for illegal actions manager is possible up to criminal.

federal Service state register, cadastre and cartography or Rosreestr keeps records of SROs and their managers. A complaint to Rosreestr will still be considered in court at the request of this service. Rosreestr will try to bring the violator to administrative responsibility, and this will lead to:

• disqualification of a specialist;
• replacement of SRO, replacement of manager;
• a fine of 25,000 rubles per manager.

Hearings by the Arbitration Court are always carried out only as a result of complaints from bankruptcy participants. A complaint is not accepted only from a representative of the bankrupt’s employees, but he can give the court an explanation about the bankruptcy trustee’s misconduct.

The arbitration court appoints available administrative measures penalties under 14.13 of the Administrative Code, including disqualification and cancellation of decisions of an arbitration or bankruptcy specialist.

What should be the content of the complaint?

A complaint is drawn up according to a common template and rules similar to the claims in Art. 131 Code of Civil Procedure of the Russian Federation, . It contains an introductory, descriptive and demanding part with the relevant details:

1. The introductory part indicates where the complaint is sent, contains details of the participants and the court, including addresses and names. An important point is the number of the bankruptcy case in which the complaint is filed.
2. The main or descriptive part reveals the essence of the matter, talks about specific actions of the arbitration manager with references to violated articles of the law.
3. Demanding or operative part indicates the powers of the body to which it is sent and the requirements of the applicant. If this is a court, then it has the power to exclude a specialist, replace him, cancel his decisions and hold him accountable.
   It is important to indicate specific articles of the law under which sanctions must be applied.

Consequences of the manager’s unlawful actions in the video:

A complaint sent to the wrong address is usually redirected government agency, but not always in short time. The Federal Tax Service may forward the complaint to the court and notify the applicant by letter.

This monetary obligations, requirements for payment of severance pay and wages, as well as obligatory payments arising after the date of acceptance of the application to declare the debtor bankrupt and the initiation of bankruptcy proceedings (). Creditors for current payments are not recognized as persons participating in the bankruptcy case, and their claims are not included in the register of creditors' claims (clause 2 of Article 5 of Law No. 127-FZ).

Enforcement proceedings during bankruptcy proceedings

Having received a writ of execution, for example, court order, the creditor for current payments has the right to contact the service bailiffs, so that they carry out collection at the expense of the debtor’s property.

By general rule after declaring the debtor bankrupt and opening the procedure, enforcement proceedings on enforcement documents (including those executed during previous bankruptcy procedures) end (clause 1 of Article 126 of Law No. 127-FZ). However for executive documents about collection current debt an exception has been made for them this ban does not apply (Part 4 of Article 96 of the Law of October 2, 2007 N 229-FZ).

In this regard, the creditor for current payments will not have to be refused to initiate enforcement proceedings, if bankruptcy proceedings have already been opened against the debtor. In this case, the bailiff will have the right to foreclose only on cash, located in the debtor's bank account (

Participants in insolvency proceedings are sometimes forced to defend their rights, especially when legal norms are violated. These specialists are obliged to act in the interests of the persons involved in the bankruptcy case. The performance of their duties is controlled by the state.

When the executive body works in its own interests, it is quite difficult to prove violations. In addition, not everyone knows where to complain about. It is important to understand in what cases a complaint is filed against a bankruptcy trustee with the Arbitration Court and what forms of appealing his actions exist.

Methods of appeal

The legislation of the Russian Federation provides several ways to resolve the issue of illegality of actions arbitration specialist. You can appeal the action or inaction of the bankruptcy trustee by filing a petition with the following structures:

• Arbitration court;
• self-regulatory organization of managers;
• Rosreestr authorities;
• Federal Tax Service of Russia and other authorities.

Complaints of misconduct require serious preparation for legal process, because they are classified as complex. This is due to the fact that when considering them, not only legislative norms, but also judicial practice with the possibility of proving certain violations.

Legal support when appealing the decisions of the manager is provided in the form of consultations - correct form drawing up and preparing a complaint about improper execution duties of a specialist, legal support its consideration in court. In addition, specialized companies offer legal support for procedures such as changing SROs and removing a manager from performing duties.

According to Part 3 of Art. 14.13 Code of Administrative Offenses of the Russian Federation, failure to comply established by law bankruptcy obligations entail administrative liability - this is disqualification and other forms, if the action or inaction of a specialist is not a criminal offense. To attract arbitration managers to her, they contact Rosreestr. Bringing to responsibility by contacting this structure occurs in court, so consideration of the application may be delayed. In this regard, it is recommended to send the document to the territorial office.

As a rule, Rosreestr considers applications from government agencies and creditor meetings. In other cases, a complaint about the actions of the bankruptcy trustee is forwarded to the SRO, where the application is considered by a specially organized disciplinary committee.

Submitting a claim to court

The main body considering cases of insolvency of debtors is the Arbitration Court. His competence includes monitoring the activities and replacing the bankruptcy trustee. In order for the court to accept a complaint for consideration, it must be filed by a participant in the insolvency procedure, i.e. authorized person, and comply with standards procedural law by structure.

During the consideration of the application, the applicant must be present in court in order to confirm his claims and prove their validity.

Responsibility executive body prescribed in the bankruptcy law, the code of administrative violations and the Criminal Code of the Russian Federation. Accordingly, he can be removed from office, brought to administrative or civil liability for causing harm, and in some cases even bring to criminal liability- for the withdrawal of assets and other fraud with property during the bankruptcy of the debtor.

A specialist may be removed from office in the event that violations suppressed by the court are revealed. This concerns concealment from the creditors of the debtor of information about final assessment property, delays in the procedure, failure to comply with required urgent execution creditor claims, etc.

The court takes into account only direct violations, and the main subject sending the complaint is. The removal of a bankruptcy trustee is based on the identification of losses or the potential threat of their occurrence as a result of his activities. The Bankruptcy Law provides for the recovery of losses from an unscrupulous manager - he is obliged to compensate creditors, debtors and other persons for losses caused through unlawful conduct of business.

IN judicial practice There are cases when creditors submit a court order to the bankruptcy specialist, but the case does not move forward. If the manager did not execute the court order, but the application was submitted and there is a mark on its receipt, it is necessary to contact the prosecutor's office, the Arbitration Court and the Ministry of Justice with a complaint about his actions.

If there is a mark on the second copy of the application, as a rule, no problems arise. A copy of the document is sent to lawyers or the prosecutor's office, and if there are no errors in it, the manager is held accountable - from a fine to criminal punishment. A specialist may lose his status: he did not execute the order - liquidation as a procedure passes into the hands of another official.