CRITERIA FOR ATTRIBUTING THE COSTS OF SANITATION TO THE COSTS OF PRESERVING THE COLLATERAL

The creditor applied to the court for the resolution of disagreements with the manager, asked to determine that his claims, which are considered in the fourth stage of the debtor's current claims, should be satisfied as expenses related to the preservation of the collateral (case no. A27-3682/19).

In satisfying the application, the courts of the two instances proceeded from the fact that the debtor ceased economic activity in December 2020, and the disputed debt was formed after the specified period, and therefore sanitation services are aimed at the safety of real estate secured. The amount of claims to be satisfied on a priority basis is determined by the court in proportion to the value of the pledged immovable property (82 percent).

The cassation sent the dispute for reconsideration, noting that in case of bankruptcy of the mortgagor, the costs of paying utility bills necessary to maintain the mortgaged property in good condition are covered by the proceeds from its sale before the start of settlements with the mortgaged creditor. With regard to utility costs, in order to properly qualify such requirements, it is necessary to establish whether the provision of a specific utility service is related to ensuring the safety of the collateral item or not. At the same time, this argument and the circumstances indicated did not receive a legal assessment, the courts did not investigate whether economic activities were carried out on the debtor's territory during the disputed period, including by persons renting mortgaged property, and whether the disputed sanitation service was related to this activity. 

 

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