THE COURT: TRUSTEE HAS A RIGHT TO REAPPLY FOR INSTALLMENT

The Arbitration Court of the Ural District found it possible for a trustee to reapply for the provision of an installment plan for the execution of the judicial act. An important factor in approval of such a position was the circumstances that changed at the time of the first application.

Initially, the anti-crisis trustee applied to the court to approve the amount of interest on his own remuneration for conducting the debtor's insolvency procedure. The demand was satisfied, and the trustee received the money.

Subsequently, the tax inspectorate challenged the judicial act, which led to a significant decrease in the previously satisfied amount of remuneration.

After that, the manager asked the court for an installment plan, but his application was rejected.

However, the applicant did not give up and re-applied with a claim, referring to the changed circumstances. The court of the first instance returned the documents, pointing out the impossibility of re-examining the same application. This position was supported in the court of appeal.

The Board of the Arbitration Court of the Ural District did not agree with the lower instances, pointing out the applicant's right to reapply for installment under changed circumstances. The judges noted that the installment plan for the execution of a judicial act is an exceptional measure that is applied taking into account the balance of interests of the parties. At the same time, the law does not establish a specific list of grounds for installments, but only indicates the criterion - the presence of circumstances that complicate the execution of the judicial act (decision No. F09-4380 / 14 of March 30, 2021).