In this Information Letter the Presidium gave to courts a number of recommendations. It appears that they mainly aim at curbing an unduly narrow and formal approach shown by courts when resolving disputes related to the dismissal of bankruptcy trustees.

The Letter says, inter alia, that the question on the dismissal of a bankruptcy trustee may be considered by court on the basis of the minutes of the meeting of creditors containing the decision to apply to court with such motion, even in the absence of the motion itself in the form of a separate procedural document (para 1); this motion may be considered by court alongside with the complaint against the actions of the trustee, and not necessarily after the latter; that the contents of the minutes of the meeting of creditors with the decision to apply to court with the motion to dismiss the bankruptcy manager do not have a binding and limiting effect upon the court, and the concretisation in those minutes of the  violations made by the bankruptcy trustee is not obliging for the court, because the latter by virtue of its controlling function in the bankruptcy case is not bound by specific violations referred to in the minutes of the creditors’ meeting   (para 4); the failure of the bankruptcy trustee to compensate losses caused by him within a particular bankruptcy case may serve as a ground for his dismissal in another bankruptcy case, because such failure means not only the violation by him of the interests of persons participating in the former bankruptcy case, but also the non-execution by him of a court decision that entered into legal force, which necessarily gives rise to well-grounded doubts as to the lack of danger of violation of rights of participants to the latter bankruptcy case and the real possibility of their subsequent protection  (para 16).

The Presidium also emphasised that the presence or probability of losses is not a necessary condition for satisfying the motion of the meeting of creditors concerning the dismissal of bankruptcy trustee. To satisfy such motion, the very facts of violations committed and of the creditors’ meeting decision on applying to court with such motion are sufficient. Here lies the difference between two grounds for court consideration of the question on the dismissal of bankruptcy trustee, that is, between the motion of the meeting (committee) of creditors and the motion of persons participating in the case (para 9).