THE COURT ANALYZED THE MANAGER’S CLAIM ON THE CREDITOR’S PAYMENT FOR HIS WORK.

A difficult situation arose between the manager of the debtor and his creditor in one of the bankruptcy cases. After the completion of the insolvency procedure, the manager applied to the court with a demand for the payment of the amount of remuneration for his work.

According to the general rule, in this case, payment for services is carried out at the expense of the debtor, however, in the considered case, the property was not enough, and therefore the creditor undertook to pay off such expenses, indicating the maximum amount of 250,000 rubles.

At the same time, the manager’s claims significantly exceeded the amount guaranteed by the creditor, which became the reason for the litigation.

The court of the first instance partially satisfied the manager's claim, going beyond the bankruptcy financing limit guaranteed by the creditor. The court of appeal satisfied all the applicant's claims, having obliged the creditor to pay for the services.

However, the district court reminded colleagues that, according to the existing judicial practice, in the absence of the debtor's property, the creditor has the right to guarantee the financing of the bankruptcy procedure, but only in the amount specified by him.

At the same time, the manager's expenses exceeding the designated limit remain his financial risks (resolution of November 12, 2020 in case A56-62299 / 2016).