Rights and duties of the bankruptcy trustee. The bankruptcy trustee is who?

At the time when a legal or natural person is judged bankrupt by an arbitration court, a certain procedure necessary to return debts to creditors may be initiated. This process is called competitive. This is a production that requires a certain order and the performance of various actions by specially appointed persons, which is prescribed by the legislator in regulatory legal acts. And one of the main participants in the bankruptcy case is a bankruptcy trustee with specific rights and duties.

Contest production

In order to understand who is a bankruptcy trustee (CG), you need to know what the bankruptcy proceedings are and some features of its opening.

In general, in the case of insolvency of a legal entity, actions such as surveillance, external management, recovery, bankruptcy proceedings or amicable settlement are applied. In case of bankruptcy of an individual , only the last two specified stages are used.

During the insolvency proceedings, executives are identified, called arbitration managers.

These are people who are specially trained and performing certain actions at the time of bankruptcy of an object who are members of a self-regulatory organization of arbitration managers. Depending on the stage of the insolvency case, they may be external, temporary, administrative, etc. Thus, at the time of the bankruptcy proceedings, an arbitration bankruptcy commissioner, a concept, functions are appointed , the rights and obligations of which are fixed by the corresponding Federal Law and are described further in the article.

The competitive process itself is the process that comes after the debtor is declared bankrupt by the arbitration court. At the time of such a procedure, actions are taken to find and collect all of the debtor's property, appropriate payments are made to all creditors and the enterprise is liquidated.

According to the legislation of the Russian Federation, the period for bankruptcy proceedings is up to six months, but it can be large (up to one year) if the person participating in the case has filed a petition.

In the Russian Federation, the examination of bankruptcy cases, all their specifics are generally fixed in the Federal Law "On Insolvency (Bankruptcy)", as well as in particular the bankruptcy proceedings. The competitive manager in this process plays an important role, since he is the chief administrator of all the debtor's property. Therefore, the regulation of its activities, the definition and consolidation of duties and rights is extremely important.

The concept of a bankruptcy trustee

This person appointed by the arbitration court at the time of recognition of the person as insolvent (bankrupt) and establishment of bankruptcy proceedings. He is the head of an insolvent object and its management bodies, as well as the owner of the debtor's property, if such is a unitary enterprise.

For the appointment of a bankruptcy commissioner, the court issues a relevant ruling, which may be appealed. The CU action ends at the moment of termination of this bankruptcy proceedings.

Rights

The credentials and duties of CGs are enshrined in Article 129 of the Federal Law "On Insolvency". In accordance with this article, the rights of the bankruptcy trustee include:

1. Disposal of the debtor's property in accordance with the procedure established by the Federal Law.
2. The possibility of dismissal of employees, directors of the debtor in accordance with the terms of the Federal Law.
3. Submission of an application for refusal to perform contracts or other transactions, as defined in Article 102 of this Federal Law. In addition to those cases where there are Circumstances that prevent the restoration of the solvency of a bankrupt person.
4. Submission of an application on behalf of the debtor to the arbitration court on invalidation of contracts and transactions, void - the consequences resulting from these decisions, recovery of losses incurred as a result of actions (inaction) of the insolvent (head of the board of directors, collegial executive body or any other governing body) Object.

Duties

The duties of the bankruptcy commissioner are subject to execution from the moment of its appointment to the termination of the bankruptcy process or until the date of the acceptance of the settlement agreement or the day of the removal of the CU. They include:

1. Taking over the property of the debtor, conducting an inventory in connection with this.
2. Data entry into the Unified Federal Register of information on bankruptcy, as well as information received during the inventory of the debtor's property, within 3 working days from the moment of its completion.
3. Taking measures to ensure the preservation of material values of the object, recognized as bankrupt.
4. Attraction of the appraiser of the debtor's property, if required by law.
5. Performing actions aimed at the search and return of the property of a bankrupt person who is located with third parties.
6. Prevention of workers about dismissal not later than a month after the establishment of bankruptcy proceedings.
7. Keeping a register of creditors' claims.
   
8. Submission of claims for debt collection to persons who have obligations to a bankrupt entity.
9. The preservation of the documentation of the debtor and its transfer to the appropriate authorities, if necessary.
10. Statement of objections to the claims of creditors in the manner prescribed by law.
11. Conclusion of transactions that will be beneficial to the debtor (only with the permission of the meeting or the committee of creditors).

If the meeting of creditors makes a decision to terminate the activities of the debtor enterprise, then the bankruptcy administrator shall perform this within three months from the date of this decision. That is, he must stop the release of goods, the provision of services or the performance of work by this organization. The verdict on the end of the firm's work can not be imposed in cases when it entails anthropogenic or environmental catastrophe, paralyzes the work of preschool, medical, educational institutions, communal structures or any other facilities necessary to ensure the vital activity of people.

Report of the bankruptcy commissioner

After the settlements with all creditors have been terminated or the bankruptcy proceedings have been terminated for the reasons stated in Article 57 of the Federal Law, the KG must submit a report on the work done, on the results of this procedure to the arbitration court.

The bankruptcy commission's report is a list of documents confirming:

• Sale of the debtor's property;
• Repayment of loan obligations;
• Granting to the Pension Fund (its territorial subdivision) information on the date, place of birth of the debtor, his citizenship and passport data, including the full name, sex and address of the permanent registration of the bankrupt person, as well as information to be recorded in this body in accordance with the second article 11 FZ "On individual accounting in the mandatory pension insurance system" (insurance number of an individual personal account, information about places and periods of work, etc.).

To the report, in addition to the above-mentioned documents, the bankruptcy register of the creditors' claims must be attached, in which the amounts of the debts of the bankrupt person will be indicated.

After the CG compiled and submitted its report to the competent authority, it must notify the creditors of this fact.

Control of CU activities

Control of the activities of the manager is carried out in accordance with Art. 143 of the Federal Law "On Bankruptcy". According to this law, creditors (the meeting or the committee) receive all the information necessary for this at least every three months, unless otherwise specified at the meeting of creditors.

The information provided for monitoring may be in the form of reports or any separate documents showing the state of affairs during the competition or at its conclusion.

The CG report should contain information:

• About the inventory of the debtor's property , its assessment, if any;
• On the amount of money that has been credited to the settlement account of the debtor, and the sources of such financing;
• On the process of realizing the property of a bankrupt entity, indicating the amounts received;
• On the amount and number of claims for collection of debts that are put forward to third parties;
• On the number of people working for the debtor who continue to work after the opening of the competition, and the number of dismissed (retired) employees;
• On the work that was done to ensure that transactions were declared invalid, in the interests of the debtor;
• On the preparation and maintenance of the register of creditors' claims, with information on what their total amount and size are in each separate queue;
• About the measures that were taken to preserve the property of a bankrupt facility and to recover the property that belongs to it, but for some reason is located with third parties;
• On the amount of current debt, with a description of the reason for its formation;
• On the work carried out by the CG on the closure of the debtor's accounts;
• On bringing to the subsidiary responsibility of persons who have obligations in connection with bringing the debtor to bankruptcy;
• All other information, the content of which is established by CG, creditors or arbitration court.

All data relating to the bankruptcy proceedings, for example, what the costs of the bankruptcy commissioner are for the relevant process, the bankruptcy administrator must provide at any time at the request of the arbitral tribunal.

Exemption of CU

The receiver can be released or suspended from performing his duties in accordance with Articles 144 and 145 of the Federal Law.

So, KU is released from the exercise of its functions by the arbitration court in the following cases:

• Own desire, on a personal application;
• Directed by a self-regulating organization of arbitration managers (of which the CG is a member) of the relevant petition to the arbitration court.

In the second case, the petition is filed when the facts of a violation in the activities of the bankruptcy commissioner, its inconsistency with the position held, incompetence, or unfair work are revealed. At the same time, initially the decision is taken by the collegial governing body of the self-regulating organization of arbitration managers, and then within 14 working days from the date of its adoption the application is submitted with the arbitration court.

Suspension of the control unit

The removal of the manager can be carried out if:

• An application was submitted from the meeting or the creditors' committee in a situation where the CG does not perform its duties or performs them improperly;
• Any person participating in the bankruptcy case and whose interests are violated as a result of the activities of the bankruptcy administrator, and in this connection, the debtor or creditors suffered or could incur losses, file a complaint with the arbitration court, and this claim is satisfied;
• Circumstances that do not allow CG to be appointed to this position;
• The bankruptcy trustee violated the conditions of membership in a self-regulatory organization of arbitration managers and was either excluded from it or forcibly left the company for violating the law;
• Administrative punishment is applied to CG in the form of depriving him of the right to engage in this activity.

In the event of suspension or release, a new bankruptcy administrator is appointed. This happens according to the procedure established by the federal law. If such a decision is taken, then it must be executed immediately, although it can be appealed.

Summarizing, it should be noted that the bankruptcy proceedings are opened by the court only in cases when other operations in the bankruptcy case have not brought any result or the solvency of the object is not possible to restore.

At these stages, as a rule, the object of the bankrupt has a lot of unfulfilled debt obligations and in this connection - a lot of unsatisfied creditors. It is at such moments that bankruptcy proceedings begin. This shows that the bankruptcy trustee is a person who performs a specific role in this process, its importance and the need for an insolvency proceeding.