DISPUTE OVER THE REMUNERATION OF THE MANAGER: BETWEEN THE OBLIGATION TO ACT AND THE INABILITY TO FIND PROPERTY 16+

In satisfying the application in full, the courts of the two instances proceeded from the administrator's exercise of the powers of interim and bankruptcy administrators, the connection of expenses with bankruptcy proceedings, and the absence of complaints about the actions (inaction) of the administrator. 

The manager provided evidence of the measures taken to locate 11 vehicles, including appeals to the State Road Safety Inspectorate (a response was received regarding the grounds for searching for vehicles); to the Transport Monitoring Limited Liability Company (a response was received about information from the Glonass navigation system). 

The cassation sent the dispute for reconsideration, drawing attention to the arguments of the tax service that the arbitration administrator had no valid reasons for missing the deadline for filing an application due to the fact that he is a professional participant in the bankruptcy case, is aware of the insufficient property of the debtor to finance the bankruptcy procedure and initiated the consideration by the court of the issue of termination of bankruptcy proceedings; circumstances There are no objective obstacles preventing the timely submission of an application to the court. 

It is also indicated that there are grounds for reducing the remuneration of the arbitration manager based on the manager's real contribution to the repayment of the debtor's creditors' claims, the circumstances of the manager's performance of duties, their effectiveness, duration, awareness of the risks and costs associated with this, and the costs of the case in relation to the prospects for replenishment of the bankruptcy estate. 

Taking into account the registration data substantiating the debtor's ownership of vehicles, the arbitration administrator, acting in good faith and reasonably, was obliged to organize work to verify the accuracy of information on the debtor's sale of the specified property. However, the manager limited himself to receiving responses to inquiries regarding the grounds for the search by the traffic police for vehicles and the procedure for obtaining information from the Glonass navigation system. In essence, the manager declared helplessness in the situation of non-transfer of documents by the former head, including transactions and purchasers of vehicles.

The court of first instance did not give the arguments of the authorized body about the formal (for the purposes of the actual return of property to the debtor) nature of the actions performed by the administrator, the ineffectiveness of specific actions and appeals, and the existence of periods of actual inactivity.

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