AFTER THE BANKRUPTCY IS COMPLETED, THE PERFORMANCE FEE MUST BE PAID

The Company appealed to the court with an application to challenge the bailiff's decision to collect the performance fee (case no. A79-8222/21). The obligation to pay the enforcement fee arose from the debtor in connection with the voluntary non-fulfillment of the requirements of the enforcement document on the recovery of debt from the debtor in favor of the creditor.

Subsequently, bankruptcy proceedings were initiated against the debtor, which was subsequently terminated in connection with the approval of the settlement agreement. Enforcement proceedings on the recovery of funds from the debtor in favor of the creditor have also been terminated.

Considering the requirement to collect the performance fee illegal, the company filed an application with the court.

The court of first instance refused to satisfy the application. The higher courts satisfied the requirement, pointing out that in this case the statute of limitations for the collection of the enforcement fee imposed by the bailiff's decision at the time of the issuance of the contested decision by the bailiff. As explained, such a period begins not from the moment of the end of the main enforcement proceedings, but from the moment of the decision on the collection of the enforcement fee.

The Supreme Court of the Russian Federation annulled the appeal and cassation rulings, pointing out that if the enforcement fee is not collected within the framework of the main enforcement proceedings, after its completion, the bailiff or the head of the enforcement group is obliged to initiate enforcement proceedings on a fully or partially unfulfilled order to recover the enforcement fee from the debtor.

Consequently, the time limit for the submission of a resolution on the recovery of the enforcement fee, which has not been executed within the framework of the main enforcement proceedings, is calculated from the moment of the end of the main enforcement proceedings, if such a resolution has not previously been submitted for enforcement as an independent enforcement document. At the same time, it should not exceed two years from the day when the main enforcement proceedings are completed.