Sergei Bakeshin has characterised for Pravo.ru the current practice on the issue of the right of a trustee in insolvency to bring claims on behalf of a liquidated firm
After a company has been removed from the Unified State Register of Legal Entities, it may discover assets of interest to creditors and participants of the liquidated firm, such as accounts receivable. In such a case, the trustee in insolvency through the court may request the appointment of a procedure for the distribution of the discovered asset. However, in practice, the question often arises whether they are entitled to file lawsuits to recover the debt from counterparties.
Sergei Bakeshin, Counsel, Head of Dispute Resolution & Insolvency Practice at Maxima Legal, explained to Pravo.ru legal media that since the law does not fully regulate the procedure of distribution of assets of a liquidated legal entity by a trustee in bankruptcy, there is a contradictory practice on the issue of the trustee’s right to file lawsuits on behalf of such a company. At the same time, as the expert pointed out, the ambiguous position is characteristic of both the Supreme Court of the Russian Federation and lower instances.