DISTRICT COURT SIXFOLD INCREASED THE REMUNERATION OF TRUSTEE

The arbitration court considered the claim of the interim manager on the determination of the amount of interest and the collection of remuneration for the bankruptcy trustee. The courts of the first two instances satisfied the claim, ruling to pay 60,000 rubles. However, the district court multiplied that figure by six and here's why.

The fact is that the insolvency proceedings of the debtor were carried out by the manager in 2014. The anti-crisis manager announced his demands in a timely manner, but the court suspended the proceedings regarding the calculation of interest until the moment the debtor's property is sold.

In 2020, the consideration of the application was resumed, and the courts applied the current legal norms and satisfied the application in the amount of 60 thousand rubles, referring to the ceiling of the percentage of remuneration established by the legislator.

At the same time, the district court considered it possible to significantly increase this amount in connection with the effect of a different version of the law at the time of the procedure. It provided for the calculation of the percentage of the manager's remuneration using a different formula, which made it possible to receive a much larger payment.

As a result of the consideration of the cassation appeal, the court ruled to cancel the acts issued by the lower court instances and pay the manager over 360,000 rubles of remuneration (decision in case No. A40-76865 / 14 of March 25, 2021).