THE MANAGER IS ENTITLED TO REMUNERATION EVEN IN THE CASE OF VOLUNTARY PAYMENT OF THE DEBT

In the framework of the bankruptcy case (No. A40-288746/19), the manager filed an application for payment of interest on remuneration. As a justification for the claim, the applicant pointed out that, as part of the bankruptcy procedure, the debtor's property was sold at auction, as well as transactions were challenged and receivables were collected.

The courts of two instances refused to satisfy the claim in part, pointing out that the debtor's debtors repaid the debts voluntarily, in addition, the actions aimed at replenishing the bankruptcy estate were carried out by the debtor himself, and not by the manager.

The cassation, referring the dispute for a new consideration, noted that the law does not make the payment of interest on the manager's remuneration dependent on the fact that the debtor's debtors repaid debts exclusively by force.

In addition, the court noted that the repayments were made after the manager received the writ of execution for the enforcement of judicial acts, that is, the manager took actions to replenish the bankruptcy estate.

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