RusBankrot
We know everything about bankruptcy
24/06/2026
Wednesday
THIS DAY IN HISTORY:
24 June 
1970 Leonid Brezhnev announced during a visit to the United States that the Cold War was over.
1970 Leonid Brezhnev announced during a visit to the United States that the Cold War was over.
1970 Nikita Khrushchev promised the US Vice President Richard Nixon to show him “The Kuzkin’s mother”.
1970 Nikita Khrushchev promised the US Vice President Richard Nixon to show him “The Kuzkin’s mother”.
1970 The Victory Parade on the Red Square was commanded by G.K. Zhukov and K.K. Rokossovsky.
1970 The Victory Parade on the Red Square was commanded by G.K. Zhukov and K.K. Rokossovsky.
24 June
1970 Leonid Brezhnev announced during a visit to the United States that the Cold War was over.
1970 Leonid Brezhnev announced during a visit to the United States that the Cold War was over.
1970 Nikita Khrushchev promised the US Vice President Richard Nixon to show him “The Kuzkin’s mother”.
1970 Nikita Khrushchev promised the US Vice President Richard Nixon to show him “The Kuzkin’s mother”.
1970 The Victory Parade on the Red Square was commanded by G.K. Zhukov and K.K. Rokossovsky.
1970 The Victory Parade on the Red Square was commanded by G.K. Zhukov and K.K. Rokossovsky.
DELINEATING THE MANAGERS' CONTRIBUTION AS A PREREQUISITE FOR PAYING INTEREST
The manager applied to the court for the establishment and recovery of interest on remuneration (case no. A40-310946/19).
The courts of two instances granted the application, recognizing that, as part of the bankruptcy proceedings against the company, the bankruptcy trustee carried out all the measures provided for by bankruptcy law, the qualitative and quantitative characteristics of which make it possible to classify this procedure as extraordinary, significantly differing from the average of ordinary procedures, and also establishing that the amount of satisfied creditors' claims included to the register of creditors' claims and as secured, The amount of the debtor's property that is not secured by collateral is substantial, therefore the amount of interest on the bankruptcy trustee's remuneration is reasonable.
The cassation sent the dispute for reconsideration, pointing out that the courts had unlawfully set interest on remuneration to the manager, concluding that the rights had been transferred from the suspended manager on the basis of unacceptable evidence (a partial copy of the assignment agreement without a price and without the original), while no future claim had yet arisen at the time of the assignment. The suspended manager himself performed his duties improperly (delaying the assessment, inaction with insurance, suspension), which is the basis for reducing remuneration.
At the same time, the volume and result of the managers' actions is disproportionate to the established amount, since the main repayment of creditors' claims is not due to the work of the managers, but to the high value of the property and its lease to persons affiliated with the corporation before bankruptcy.
The courts have not established the amount of work performed by each of the managers, which is an essential circumstance for the proper resolution of this dispute, since without such a distinction it is impossible to determine exactly how much of the percentage remuneration relates to the activities of the suspended manager (taking into account the facts of the recognition of his actions as illegal and subsequent dismissal), and in what part — to the activities of the new bankruptcy trustee.
The courts of two instances granted the application, recognizing that, as part of the bankruptcy proceedings against the company, the bankruptcy trustee carried out all the measures provided for by bankruptcy law, the qualitative and quantitative characteristics of which make it possible to classify this procedure as extraordinary, significantly differing from the average of ordinary procedures, and also establishing that the amount of satisfied creditors' claims included to the register of creditors' claims and as secured, The amount of the debtor's property that is not secured by collateral is substantial, therefore the amount of interest on the bankruptcy trustee's remuneration is reasonable.
The cassation sent the dispute for reconsideration, pointing out that the courts had unlawfully set interest on remuneration to the manager, concluding that the rights had been transferred from the suspended manager on the basis of unacceptable evidence (a partial copy of the assignment agreement without a price and without the original), while no future claim had yet arisen at the time of the assignment. The suspended manager himself performed his duties improperly (delaying the assessment, inaction with insurance, suspension), which is the basis for reducing remuneration.
At the same time, the volume and result of the managers' actions is disproportionate to the established amount, since the main repayment of creditors' claims is not due to the work of the managers, but to the high value of the property and its lease to persons affiliated with the corporation before bankruptcy.
The courts have not established the amount of work performed by each of the managers, which is an essential circumstance for the proper resolution of this dispute, since without such a distinction it is impossible to determine exactly how much of the percentage remuneration relates to the activities of the suspended manager (taking into account the facts of the recognition of his actions as illegal and subsequent dismissal), and in what part — to the activities of the new bankruptcy trustee.
15.06.2026
