К вопросу об обжаловании действий (бездействия) конкурсного управляющего кредитором, заявившим свое требование о включении в реестр требований кредиторов должника

Abstract

The paper is dedicated to investigating the possibility of challenging the actions (or inaction) of the bankruptcy trustee by a creditor whose claim is currently being verified by the court in the framework of a separate dispute in a bankruptcy case. It has been revealed that, at present, courts deny such creditors the right to exercise this mechanism and terminate proceedings on the consideration of these applications. This practice is determined to be a positivist application of the provisions of bankruptcy law. As a result of the study, the author concludes that the creditor acquires the right to challenge the actions (or inaction) of the bankruptcy trustee and to claim damages from him as soon as the court accepts the creditor’s application for inclusion in the register of creditors’ claims against the debtor for consideration. Otherwise, given the active role of the court in bankruptcy cases, such creditors need to insist on suspending or postponing the consideration of the application against the bankruptcy trustee until a court ruling on the validity of the creditor’s claim comes into legal force. Alternatively, they can propose to the bankruptcy creditors to initiate a separate dispute, aiming at the most efficient replenishment of the debtor’s bankruptcy estate.