IF THE MANAGER NEEDS MORE FUNDS TO PAY OFF EXPENSES, YOU NEED TO ASK FOR IT

In the framework of the bankruptcy case of a citizen (No. A19-10258/22), the manager filed an application for termination of the proceedings in connection with the lack of property from the debtor sufficient to satisfy creditors' claims and repay the expenses of the manager for the procedure.

The courts of two instances satisfied the application, based on the debtor's lack of ownership of any liquid property sufficient to reimburse court costs for carrying out the procedures used in the bankruptcy case, or property that may enter the bankruptcy estate as a result of challenging transactions. The court of first instance also indicated that funds in an amount sufficient to reimburse expenses in the bankruptcy case, including for the payment of remuneration to the financial manager, had not been deposited with the court.

The district court sent the dispute for reconsideration and noted that the debtor had submitted explanations and evidence to the court of appeal for depositing funds to the court before the court issued a ruling on the termination of proceedings in the case by a third party for the debtor.

At the same time, it does not follow from the case materials that the court of first instance offered the debtor to deposit funds in the court deposit for reimbursement of court costs in the bankruptcy case in the amount declared by the financial manager.

It also does not follow from the appealed judicial acts that the financial manager applied to the debtor for payment of expenses incurred in connection with the bankruptcy case, and the debtor was refused repayment of these expenses.


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