Sergei Bakeshin told Pravo.ru whether a bankruptcy trustee has the right to obtain data on the movement of a debtor’s cars

Irina Vasilega, a bankruptcy trustee of the bankrupt company Stroytransservice, tried to obtain data on the movements of the debtor’s vehicles over the past few years, but the State Automobile Inspectorate refused to provide it.  Ms Vasilega appealed against the refusal in a court. Three instances sided with her, but the Supreme Court of the Russian Federation cancelled their acts. The Economic Collegium reminded that a bankruptcy trustee may obtain data if it is necessary to achieve a bankruptcy goals, but to do so he needs to justify how it will help replenish a bankruptcy estate.

Sergei Bakeshin, Counsel, Head of Dispute Resolution & Insolvency Practice at Maxima Legal, explained to Pravo.ru that, in general, a court practice is moving towards expanding the rights of a trustee in insolvency to obtain information about a debtor’s property, its managers and controlling persons. In particular, the range of persons in respect of whom the relevant data can be obtained is expanding. According to the expert, the ruling of the Supreme Commercial Court in case No. A14-3797/2011 states that the legislator does not limit the trustee in bankruptcy in the scope of information requested. In the case of Stroytransservice the courts followed the generally accepted practice, but the Supreme Court refused the application because of the unreasonableness of the need for the requested information.

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