Storage of the documents in bankruptcy proceedings
June 01, 2020

The Supreme Court of the Russian Federation expressed its opinion on the issue of destruction of bankrupt documents while bankruptcy proceedings.

In this case, the bankruptcy creditor appealed to the court with a complaint about the non - feasance of the bankruptcy trustee, expressed in the lack of security of the documentation received from the former leaders of the debtor. The courts of three instances found the complaint unfounded.

By canceling judicial acts of a lower instance, the Supreme Court of the Russian Federation has indicated that the current legislation does not contain provisions that the debtor's documentation, potentially related to the number of evidence in the case, can be destroyed by the bankruptcy trustee at its discretion before the completion of bankruptcy proceedings, even in the absence of bankruptcy creditors` objections, and even more so if there is an unexamined application in the court on bringing the persons controlling the debtor to subsidiary liability for the obligations of the debtor, which indicates the prematureness of the court's conclusions on the groundlessness of the complaint.

Thus, documents during bankruptcy proceedings cannot be destroyed unconditionally, even over the matter of the expiration of their storage periods.

Rizvan Fazdalov
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