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.
THE ARBITRAGE MANAGER AGAINST TIME
The manager applied to the Federal Tax Service (FTS) with an application for recovery of remuneration for the procedure of external management and bankruptcy proceedings and expenses (case no. A03-312/15).
The courts of two instances partially satisfied the application, noting that the applicant in the debtor's bankruptcy case is the Federal Tax Service, the remuneration of the arbitration administrator in bankruptcy proceedings and court costs have been recovered from the debtor by a judicial act that entered into force, which was not executed due to the debtor's lack of property, expenses and remuneration are subject to recovery.
Rejecting the arguments of the authorized body about the manager's omission of the deadline for filing an application, the courts proceeded from the fact that, taking into account the date of the end of enforcement proceedings against the debtor and the return of the writ of execution due to his lack of property, the period of filing this application by the manager, the procedural deadline in this case has not been missed, since the end of enforcement proceedings with the manager the right to file a claim against the Federal Tax Service has arisen.
The cassation refused to satisfy the application, agreeing with the arguments of the Federal Tax Service regarding the manager's omission of the deadline for submitting this application. The manager has the right to determine the person to whom he makes claims in case of insufficient property from the debtor for compensation of remuneration and expenses in the case. According to the provisions of the legislation, the procedure for the distribution of court costs and remuneration costs is established by a court decision or ruling.
In the case under consideration, the court of first instance, having established the lack of sufficient property available to the debtor to cover the costs of the bankruptcy case, terminated the proceedings on the debtor's insolvency. The manager applied for the recovery of remuneration and court costs after missing the deadline set by law. The petition for the restoration of the time limit for filing an application for the recovery of court costs is not stated either in the text of the application or in a separate document.
Photo: Freepik
The courts of two instances partially satisfied the application, noting that the applicant in the debtor's bankruptcy case is the Federal Tax Service, the remuneration of the arbitration administrator in bankruptcy proceedings and court costs have been recovered from the debtor by a judicial act that entered into force, which was not executed due to the debtor's lack of property, expenses and remuneration are subject to recovery.
Rejecting the arguments of the authorized body about the manager's omission of the deadline for filing an application, the courts proceeded from the fact that, taking into account the date of the end of enforcement proceedings against the debtor and the return of the writ of execution due to his lack of property, the period of filing this application by the manager, the procedural deadline in this case has not been missed, since the end of enforcement proceedings with the manager the right to file a claim against the Federal Tax Service has arisen.
The cassation refused to satisfy the application, agreeing with the arguments of the Federal Tax Service regarding the manager's omission of the deadline for submitting this application. The manager has the right to determine the person to whom he makes claims in case of insufficient property from the debtor for compensation of remuneration and expenses in the case. According to the provisions of the legislation, the procedure for the distribution of court costs and remuneration costs is established by a court decision or ruling.
In the case under consideration, the court of first instance, having established the lack of sufficient property available to the debtor to cover the costs of the bankruptcy case, terminated the proceedings on the debtor's insolvency. The manager applied for the recovery of remuneration and court costs after missing the deadline set by law. The petition for the restoration of the time limit for filing an application for the recovery of court costs is not stated either in the text of the application or in a separate document.
Photo: Freepik
03.07.2025
