THE COURT: IT IS POSSIBLE TO RECOVER COURT FEES IN BANCRUPTCY

The Commercial Court of the Volgo-Vyatka Region has recently considered a case on the recovery of court fees incurred by the creditor within the framework of the debtor's bankruptcy. At the same time, the lower courts rejected the claims, but the applicant decided to look for the truth in the appeal and made the right decision.

The costs consisted of payment for the services of lawyers, publication of the intention to drive the debtor to bankruptcy, the amount of travel and postage costs that the creditor incurred when initiating and confirming the validity of his application.

When the case was considered by the judges of the first and second instances, they indicated that the category of bankruptcy cases was not included in the list of disputes in which it is possible to recover the court fees incurred by the parties.

In addition, bankruptcy cases are not intended to resolve any substantive dispute, and therefore the costs incurred by the parties should be paid by themselves.

However, the district court pointed out the provision contained in paragraph 1 of Article 59 of the Bankruptcy Law, according to which all court costs incurred in the bankruptcy case are reimbursed from the debtor's property.

The district court also recalled the position of the Constitutional Court of the Russian Federation, according to which the recognition of the right to court costs corresponds to the principle of full judicial protection, since it compensates a person for losses incurred and not related to his (her) activities, which he (she) have to incur in connection with the need to restore the rights.

As a result of the consideration of the application, the previously issued court decisions were canceled, and the separate dispute was sent for reconsideration (decision of November 27, 2020 in case No. A79-2352 / 2018).