RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
REMUNERATION OF THE MANAGER IN CASE OF INSUFFICIENT ASSETS OF THE DEBTOR 16+
The manager applied to the court to the creditor with a claim for recovery of remuneration and expenses (case no. A40-162654/18).
The courts of two instances refused to satisfy the application. The courts, noting that the arbitration administrator had not applied to the arbitration court with a request to terminate the bankruptcy procedure due to the debtor's lack of funds, indicated that the latter had violated the order of priority of the distribution of funds.
The cassation sent the dispute for a new hearing, since the courts, pointing to the violation by the manager of the order of priority of the distribution of funds, did not verify the arguments that all the debtor's property identified by the bankruptcy trustee was pledged to the creditor.
The arbitration administrator consistently pointed out to the courts that the creditor's claim was included in the register of creditors' claims of the debtor as secured by a pledge of the debtor's property.
The manager has sold the debtor's collateral, and payments have been made and distributed in accordance with the bankruptcy law. In view of the above, the judicial board did not agree with the conclusion of the lower courts that funds should have been reserved for the manager to pay the manager's remuneration.
Photo: Freepik
The courts of two instances refused to satisfy the application. The courts, noting that the arbitration administrator had not applied to the arbitration court with a request to terminate the bankruptcy procedure due to the debtor's lack of funds, indicated that the latter had violated the order of priority of the distribution of funds.
The cassation sent the dispute for a new hearing, since the courts, pointing to the violation by the manager of the order of priority of the distribution of funds, did not verify the arguments that all the debtor's property identified by the bankruptcy trustee was pledged to the creditor.
The arbitration administrator consistently pointed out to the courts that the creditor's claim was included in the register of creditors' claims of the debtor as secured by a pledge of the debtor's property.
The manager has sold the debtor's collateral, and payments have been made and distributed in accordance with the bankruptcy law. In view of the above, the judicial board did not agree with the conclusion of the lower courts that funds should have been reserved for the manager to pay the manager's remuneration.
Photo: Freepik
05.09.2025
