RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
IN ORDER TO RECEIVE A STIMULATING REWARD IN A BANKRUPTCY CASE, THE MANAGER MUST TRY VERY HARD
The manager appealed to the court with an application for the establishment of a stimulating remuneration in the amount of 300 thousand rubles (case No. A51-83/16).
The courts of two instances satisfied the application, concluding that there were no facts of improper performance by the manager of the duties assigned to him.
In particular, the court of first instance took into account the actions of the manager to limit the debtor's ability to extract income from the use of his property bypassing the bankruptcy procedure, including filing a lawsuit with the court to recover accounts receivable from the company, the sole participant and head of which is the creditor.
The cassation overturned the judicial acts and refused to satisfy the application, noting that the courts did not provide specific motives that served as the basis for increasing the amount of fixed remuneration to 300 thousand rubles, limiting themselves to a list of standard measures carried out by the arbitration manager.
In the case under consideration, the arbitration manager also failed to prove that the measures he carried out went beyond the limits of ordinary duties and were effective in terms of satisfying creditors' claims - the accounts payable were not repaid, since there was a change of creditors as a result of the assignment of rights (claims) and a settlement agreement was concluded between the sole creditor and the debtor, to which he objected the arbitration manager; the sale of the debtor's property, at the expense of which interest is paid, was not carried out.
The courts of two instances satisfied the application, concluding that there were no facts of improper performance by the manager of the duties assigned to him.
In particular, the court of first instance took into account the actions of the manager to limit the debtor's ability to extract income from the use of his property bypassing the bankruptcy procedure, including filing a lawsuit with the court to recover accounts receivable from the company, the sole participant and head of which is the creditor.
The cassation overturned the judicial acts and refused to satisfy the application, noting that the courts did not provide specific motives that served as the basis for increasing the amount of fixed remuneration to 300 thousand rubles, limiting themselves to a list of standard measures carried out by the arbitration manager.
In the case under consideration, the arbitration manager also failed to prove that the measures he carried out went beyond the limits of ordinary duties and were effective in terms of satisfying creditors' claims - the accounts payable were not repaid, since there was a change of creditors as a result of the assignment of rights (claims) and a settlement agreement was concluded between the sole creditor and the debtor, to which he objected the arbitration manager; the sale of the debtor's property, at the expense of which interest is paid, was not carried out.
12.08.2024
