RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
ASPECTS OF REMUNERATION OF THE MANAGER IN REPAYMENT OF CREDITORS' CLAIMS OF THE DEVELOPER
The manager applied to the court to determine the amount of interest on the bankruptcy trustee's remuneration (case no. A41-85396/19).
The courts of two instances refused to satisfy the application and noted that during the bankruptcy procedure, the administrator had engaged specialists to ensure the activities of the bankruptcy administrator. Guided by the Unified Training Program for Arbitration Managers, the courts concluded that the amount of work to be performed in the debtor's bankruptcy procedure was performed not only by the bankruptcy trustee himself, but also by the persons involved, which reduces the burden directly on the bankruptcy trustee, while paying for the services of specialists was also made at the expense of the debtor for a significant amount. The courts noted that the reluctance of the arbitration administrator to personally perform the duties assigned to him by law could not be compensated at the expense of the debtor.
The cassation sent the dispute for reconsideration, pointing out that the manager independently conducted auctions for the sale of the debtor's property. No specialized organization was involved in the bidding process. The involvement of other persons by the manager to perform the duties assigned to him does not in itself deprive him of the right to receive remuneration.
In the opinion of the instance, it is also necessary to check and evaluate the argument of the manager, who referred to the fact that through interaction with the creditor, the rights of citizens participating in construction were restored by making compensation payments in accordance with the law. As a result of the bankruptcy proceedings, the sale of the debtor's property, the creditor's claims and the other queue of the register of creditors' claims were fully repaid.
Photo: Freepik
The courts of two instances refused to satisfy the application and noted that during the bankruptcy procedure, the administrator had engaged specialists to ensure the activities of the bankruptcy administrator. Guided by the Unified Training Program for Arbitration Managers, the courts concluded that the amount of work to be performed in the debtor's bankruptcy procedure was performed not only by the bankruptcy trustee himself, but also by the persons involved, which reduces the burden directly on the bankruptcy trustee, while paying for the services of specialists was also made at the expense of the debtor for a significant amount. The courts noted that the reluctance of the arbitration administrator to personally perform the duties assigned to him by law could not be compensated at the expense of the debtor.
The cassation sent the dispute for reconsideration, pointing out that the manager independently conducted auctions for the sale of the debtor's property. No specialized organization was involved in the bidding process. The involvement of other persons by the manager to perform the duties assigned to him does not in itself deprive him of the right to receive remuneration.
In the opinion of the instance, it is also necessary to check and evaluate the argument of the manager, who referred to the fact that through interaction with the creditor, the rights of citizens participating in construction were restored by making compensation payments in accordance with the law. As a result of the bankruptcy proceedings, the sale of the debtor's property, the creditor's claims and the other queue of the register of creditors' claims were fully repaid.
Photo: Freepik
26.09.2025
