FOR INTEREST ON REMUNERATION, YOU NEED TO TRY

The manager applied to the court for the establishment of interest on remuneration (case no. A40-79842/17).

Satisfying the application, the courts of two instances proceeded from the fact that the calculation of interest is correct, since the amount requested by the manager is 5% of the amount of the satisfied claim of the collateral creditor.

The cassation sent the dispute for reconsideration, noting that the creditor, objecting to the satisfaction of the manager's application, argued that the amount indicated by the arbitration manager exceeded 5% of the funds remaining from the sale of the collateral.

In addition, the cassator refers to the fact that the courts did not examine documents confirming the payment of expenses (payment orders for payment, a lease agreement with the Department of city Property, notifications /demands of the Federal Tax Service for the payment of property tax, etc.), evidence of these expenses are missing in the materials of a separate dispute, and the conclusions of the courts on the possibility of reimbursement of expenses the maintenance and sale of collateral not at the expense of funds received from the sale of the pledged item were made without research and evaluation of the evidence provided by the creditor.

The district court also considers that the arguments of the applicant of the complaint about the prematurity of the conclusions that the actions of the arbitration manager comply with the law and do not violate the rights and legitimate interests of the debtor's creditors deserve attention, as well as that claims on these issues were not made by creditors, despite the fact that all information was contained in the manager's report, which is regularly He presented himself at the creditors' meeting.