The court recovered remuneration for a bankruptcy trustee from the Central Bank of Russia

The Arbitration Court of the Urals District considered the case on the complaint of the trustee, who did not receive part of the remuneration due to him. The anti-crisis manager honestly carried out the bankruptcy proceedings, but received only a part of payment for his services: the debtor simply ran out of funds. Then the trustee applied to court to recover the missing amount from the Central Bank, since the regulator initiated the bankruptcy proceedings and was the controlling body in relation to the debtor.

The courts of the first and appeal instances rejected the claims, but the district sided with the applicant.

The issue was considered within the framework of the bankruptcy case of a credit consumer cooperative.

The trustee pointed out that he could not be left without remuneration for his services in a situation of good faith in the procedure. However, the courts of the first and appeal instances rejected the claims, citing the fact that the legislation does not provide for the possibility of collecting debt from the controlling authority of the debtor.

The District Court disagreed with this interpretation of the legal norm, indicating that if the debtor's property was insufficient to pay off the debt to the trustee, payment for the applicant's services should be made at the expense of the initiator of the bankruptcy case, which turned out to be the Central Bank.

Now, the trustee’s application will be re-considered in the court of first instance, which must thoroughly understand the volume of the financial claims filed by him and issue a judicial act taking into account the mistakes previously made by colleagues (decision № Ф09-4355 / 21 of August 6, 2021 in case № А76- 15871/2016).