The court named the reasons for the decrease in bankruptcy trustee’s remuneration

The Arbitration Court of the Moscow District considered the case on the complaint of the creditor, from whom the lower courts recovered the bankruptcy trustee’s remuneration.  The applicant disagreed with this state of affairs and challenged the decisions, which the district considered premature.

The question concerned a bankruptcy case of a debtor, in the course of which the trustee first asked the court to discontinue the proceedings, citing insufficient funds, and then demanded that the applicant in the bankruptcy process pay remuneration for the work done in his favor.

When considering the case, the courts of the first and appeal instances came to the conclusion that it was possible to satisfy the claims of the trustee.

At the same time, the fact of his inaction was established as well, but the absence of judicial acts issued on this confused the judges, and they did not refer to the revealed circumstances.

Considering the dispute, the district court, indicated that in this case, it was necessary to study in detail the issue of the trustee’s activities and the party claiming the decrease in his activity should have justified its position.

The result of consideration of the creditor's complaint was the cancellation of the issued judicial acts and the referral of the case for reconsideration (decision in case № А40-56274 / 2017 of August 31, 2021).