The insolvency practitioner is a key figure at the stages of the bankruptcy process. He is a high-level specialist who is appointed by the arbitration court to carry out certain actions in all procedures for recognizing the financial insolvency of a 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 are resolved 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 organize the organization’s economic activities and satisfy the demands of creditors to the maximum extent possible. 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 that are aimed at maintaining and creating the bankruptcy estate.
The arbitration manager operates independently or together with the head of the organization.
How to send a complaint against an arbitration manager
There are several ways to convey your message to the addressee.
Personally
Personal contact with Rosreestr is the most preferable option. Department employees will help you correctly draw up a document and formulate a claim.
To do this, you need to clarify the organization’s work schedule, and have a power of attorney from the organization and an identity document with you.
By phone
You can also file a complaint with Rosreestr by calling the hotline 8 , but in this case it will be difficult to control the progress of the proceedings.
Russian Post
Sending a document by registered mail allows the applicant to bring his complaint to the Central Office of Rosreestr, bypassing the territorial department.
The period for consideration of the claim in this case increases by the time the correspondence is in transit.
Online
Filing a complaint electronically is one of the most accessible methods today. For this purpose, special forms have been developed on the Rosreestr website and on the State Services portal that must be filled out, indicating the necessary data and describing the essence of the problem.
Persons involved in a bankruptcy case
To protect their own interests, bankruptcy creditors have the right to apply 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:
- bankruptcy creditors;
- citizens in whose favor an act of harm to health was issued;
- representative of the property owner;
- 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.
Rosreestr exercises control over the activities of arbitration managers, and they are also given the authority to participate in meetings of creditors and court hearings in bankruptcy cases. In addition, Rosreestr officials are authorized to draw up protocols on administrative offenses against arbitration managers.
How does Rosreestr identify violations in the activities of an arbitration manager?
— As a rule, violations are reported by participants in a bankruptcy case: the debtor himself, creditors, or an authorized body whose functions are performed by the tax service. These persons can file a complaint against the actions of the arbitration manager to the self-regulatory organization of which he is a member, file a complaint with the arbitration court as part of a bankruptcy case, and also send an application to the Rosreestr Office. If this application contains sufficient data indicating the presence of an administrative violation event, Rosreestr officials will initiate an administrative violation case and conduct an administrative investigation. In addition, violations may be discovered directly by Rosreestr officials during an administrative investigation or during participation in a meeting of creditors. The detected violation is recorded in the administrative violation protocol, after which Rosreestr sends an application to the arbitration court to bring the arbitration manager to administrative liability. Then the arbitration court makes a decision to satisfy or reject this application. What violations do individuals most often encounter? What kind of claims are there against arbitration managers? — In bankruptcy procedures for citizens, violations of the procedure for disclosing information about their activities to arbitration managers are most often identified, such as failure to submit a report to creditors, failure to hold meetings of creditors, as well as violation of the rules for publishing information about the bankruptcy procedure. It should be noted that the participation of the control (supervision) body in meetings of creditors disciplines arbitration managers and helps prevent arbitration managers from committing administrative offenses when organizing and holding meetings of creditors.
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
The most important body to which you can file a complaint against the actions of the arbitration manager is the Arbitration Court, which examines 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 an application, you must appear in court and justify your arguments.
Important!
Not every complaint is satisfied by the court. Arbitration managers are professional participants in the bankruptcy market and have extensive 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 a criminal offense, entails administrative liability.
Important!
The arbitration manager is brought to administrative responsibility by the bodies of Rosreestr in court.
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.
- SRO
The SRO must monitor the professional activities of members of a self-regulatory organization - arbitration managers in the field of compliance with the rules of the Bankruptcy Law and other regulations, standards and rules of professional activity. To consider claims against the actions of arbitration managers in the SRO, there is a special body 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 of the SRO.
- Federal Tax Service
The Federal Tax Service of the Russian Federation is the 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:
- petitions, complaints and statements submitted to the Arbitration Court;
- claims to the control (supervision) body and law enforcement agencies;
- appeals to other authorities, for example, the Federal Tax Service of the Russian Federation;
- complaints addressed to the self-regulatory organization of insolvency practitioners.
Where to file a complaint
The next pressing question: where to complain about the bankruptcy trustee in bankruptcy? If you decide to complain about the AC, you can contact the following organizations:
- Arbitration court. The first instance where a complaint is filed is the arbitration court. You can submit a document here, since it is this body that must control the activities of the appointed AU. According to the law, participants in the case can complain, while complying with the requirements for claims of the Arbitration Procedure Code of the Russian Federation. In addition, in court you need to justify your opinion and provide evidence. Not all complaints of the injured parties are satisfied in court. To fully satisfy the requirements for appealing the actions of managers, it is advisable to hire professional lawyers. They will help you draw up documents correctly or dissuade you from starting a deliberately losing business.
- Another option is a complaint to Rosreestr. The third part of Article 14.13 of the Code of Administrative Offenses of the Russian Federation states that violations or inaction of the administrative authority entail administrative liability (if this is not a crime for which criminal liability already arises). But in order for the case to be considered as quickly as possible, a complaint against the manager must be sent to the territorial office of Rosreestr. If you send it to the central one (in Moscow), the case will either not be considered, or it will take longer than necessary.
- SRO. For example, a sample document is submitted to self-regulatory organizations (SROs) if the AU does not fulfill its professional duties. This body monitors the work of its own employees, since all independent companies can legally work only after they are included in the SRO. If a complaint is received against a specialist by the SRO, it is considered by a commission specially created for this purpose - the disciplinary committee.
- Federal Tax Service. This is the authorized body dealing with bankruptcy cases. You can complain here when the bankruptcy trustee harms creditors or the debtor (for example, if he took over a bankrupt enterprise).
In addition to the listed government bodies, there are other organizations where you can complain about a dishonest AU. For example, a complaint against the bankruptcy trustee is filed with the prosecutor's office, the Ministry of Finance or the Ministry of Internal Affairs. In order for a complaint to be considered, it must be taken into account that each organization minds its own business. If you send a document to an authority whose competence does not involve working with financial crimes, the culprit will not be properly punished.
What should be the content of the complaint?
A petition (complaint) in its form is a procedural document, which is drawn up 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.
How to write a complaint against a bankruptcy trustee in 2019?
Do you have any complaints about the activities of the bankruptcy trustee? A complaint about his actions must be made in writing. When compiling it, we recommend that you do not forget about the basic rules of business correspondence - in particular, use an official writing style and refrain from unnecessary details, insults, and especially threats (even if the manager’s actions caused you serious damage).
Now let's talk about the content of the complaint. Despite the fact that the laws of the Russian Federation do not impose strict requirements for the text of such appeals, the following information must be indicated in the text:
- Last name, first name and patronymic of the applicant (any person who participates in the bankruptcy case can act as an applicant);
- Postal address and contact telephone number of the applicant;
- Information about the addressee of the complaint;
- Last name, first name and patronymic of the bankruptcy trustee;
- The name of the self-regulatory organization (SRO) of which the bankruptcy trustee is a member;
- Description of the actions (inaction) of the bankruptcy trustee that became the reason for the complaint;
- Applicant's requirements;
- Date of filing the complaint;
- List of documents that the applicant attaches to the complaint.
