Within the scope of LLC DOK bankruptcy proceedings, a bankruptcy trustee appointed by court did not perform duties imposed thereon in good faith: failed to take measures aimed at decrease of current lease payments of the debtor, did not sign a settlement agreement approved by all bankruptcy creditors, except for the creditor to which a bankruptcy trustee was an interested party.
Due to inequitable conduct of the bankruptcy trustee and interest thereof with regard to one of the creditors, bankruptcy creditors applied to the court with a complaint against actions of the bankruptcy trustee and a motion to suspend the latter from duties imposed thereon. Interests of bankruptcy creditors were represented by Rightmark Group lawyers.
The first instance court dismissed both the complaint and the motion. Rightmark Group lawyers, however, convinced the court of appeal that the bankruptcy trustee acted in bad faith, and violations committed by him were material. The court of appeal cancelled the first instance court ruling and suspended the bankruptcy trustee from duties imposed thereon.