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.
CONSIDERATION OF REPAYMENT OF SHAREHOLDERS' CLAIMS WHEN CALCULATING THE PERCENTAGE REMUNERATION OF THE MANAGER
The manager appealed to the court with a demand for the establishment of interest on the remuneration of the bankruptcy trustee (case no. A40-97155/20).
In rejecting the application, the courts of the two instances were guided by the fact that the repayment of the claims of the construction participants was solely related to the adoption by the Fund's Supervisory Board of a decision to restore the rights of citizens participating in shared-equity construction on the basis of an allocated state subsidy, and not in connection with the implementation by the bankruptcy trustee of measures to form and implement the bankruptcy estate.
The cassation sent the dispute for reconsideration and pointed out that in the bankruptcy procedure, the manager carried out inventory measures, ensured the safety of the property and its effective use until the moment of sale, identified and took measures to return the debtor's property held by third parties. In addition, accounts receivable were collected, a register of creditors' claims was formed and maintained, auctions for the sale of the debtor's property were organized and conducted, an application was submitted to bring persons controlling the debtor to subsidiary liability, creditors' claims are being repaid.
The District Court noted that this work could facilitate the transfer of working, executive and design documentation for construction-in-progress facilities, form a register of requirements of construction participants in the form of the acquirer to verify the requirements of construction participants, and as a result, ensure the transfer of apartments to construction participants. In this regard, the court believes that the conclusions of the courts of first instance and the court of appeal on the absence of grounds for setting the debtor's bankruptcy trustee a percentage of remuneration were unlawfully made without investigating the circumstances mentioned, which are of legal importance for the resolution of this dispute.
Photo: Freepik
In rejecting the application, the courts of the two instances were guided by the fact that the repayment of the claims of the construction participants was solely related to the adoption by the Fund's Supervisory Board of a decision to restore the rights of citizens participating in shared-equity construction on the basis of an allocated state subsidy, and not in connection with the implementation by the bankruptcy trustee of measures to form and implement the bankruptcy estate.
The cassation sent the dispute for reconsideration and pointed out that in the bankruptcy procedure, the manager carried out inventory measures, ensured the safety of the property and its effective use until the moment of sale, identified and took measures to return the debtor's property held by third parties. In addition, accounts receivable were collected, a register of creditors' claims was formed and maintained, auctions for the sale of the debtor's property were organized and conducted, an application was submitted to bring persons controlling the debtor to subsidiary liability, creditors' claims are being repaid.
The District Court noted that this work could facilitate the transfer of working, executive and design documentation for construction-in-progress facilities, form a register of requirements of construction participants in the form of the acquirer to verify the requirements of construction participants, and as a result, ensure the transfer of apartments to construction participants. In this regard, the court believes that the conclusions of the courts of first instance and the court of appeal on the absence of grounds for setting the debtor's bankruptcy trustee a percentage of remuneration were unlawfully made without investigating the circumstances mentioned, which are of legal importance for the resolution of this dispute.
Photo: Freepik
03.10.2025
