Corporate law. Rights and obligations of the bankruptcy trustee (the most important)

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Corporate law. Rights and obligations of the bankruptcy trustee (the most important)

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40. Rights and obligations of the bankruptcy trustee

When making a decision on declaring a debtor bankrupt and on opening bankruptcy proceedings, the arbitration court approves the bankruptcy commissioner and the amount of the bankruptcy commissioner's remuneration, about which it issues a ruling, which is subject to immediate execution and can be appealed.

The bankruptcy trustee acts until the date of completion of the bankruptcy proceedings.

Publication of information on declaring the debtor bankrupt and on the opening of bankruptcy proceedings is carried out by the bankruptcy trustee.

The bankruptcy trustee is endowed with very broad powers. From the date of approval of the bankruptcy trustee until the date of termination of the bankruptcy proceedings, or the conclusion of a settlement agreement, or the removal of the bankruptcy trustee, he exercises the powers of the head of the debtor and other management bodies of the debtor.

The bankruptcy trustee must:

1) take over the property of the debtor, conduct its inventory;

2) engage an independent appraiser to assess the debtor's property, except for the cases provided for by the Bankruptcy Law;

3) notify the debtor's employees of the upcoming dismissal no later than one month from the date of the introduction of bankruptcy proceedings;

4) take measures to ensure the safety of the debtor's property;

5) analyze the financial condition of the debtor;

6) submit claims to third parties that have a debt to the debtor for its collection in the manner prescribed by the Bankruptcy Law;

7) in accordance with the established procedure, raise objections to creditors' claims against the debtor;

8) keep a register of creditors' claims, unless otherwise provided by the Bankruptcy Law;

9) take measures aimed at searching, identifying and returning the debtor's property held by third parties;

10) perform other duties prescribed by the Bankruptcy Law.

The bankruptcy trustee has the right:

1) dispose of the debtor's property;

2) dismiss the debtor's employees, including the head of the debtor;

3) declare a refusal to execute contracts and other transactions. The bankruptcy commissioner is not entitled to declare a refusal to execute the debtor's contracts if there are circumstances preventing the restoration of the debtor's solvency;

4) transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws;

5) file claims for invalidation of transactions made by the debtor;

6) to exercise other rights related to the performance of the duties assigned to him.

In the course of bankruptcy proceedings, the bankruptcy trustee carries out an inventory and assessment of the debtor's property. To do this, the bankruptcy trustee engages independent appraisers and other specialists.

Author: Sazykin A.V.

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