The Supreme Court of the Russian Federation deprived the manager of interest remuneration

The case on the complaint of one of the debtor's creditors was submitted for consideration by the Supreme Court of the Russian Federation. He was dissatisfied with the decisions of the lower courts, which satisfied the bankruptcy trustee's claim to pay him a percentage of the value of the sold property. The Armed Forces of the Russian Federation sided with the applicant and canceled the payment.

Initially, the bankruptcy trustee asked to pay for his work in the amount of 3% of the value of the debtor's sold property. However, the implementation procedure itself turned out to be difficult. It was about accounts receivable, which the anti-crisis manager tried to sell at auction. This did not lead to a result, buyers were not found. Then the creditors' meeting came to a decision on compensation, in which the debt was realized, but at a large discount. As a result, less than 25% of the claims became possible to repay.

In substantiating the complaint filed with the Supreme Court of the Russian Federation, the applicant insisted on the inefficiency of the manager's work and that in this case he was not entitled to a percentage remuneration.

The lender believed that it was a stimulating part of the anti-crisis manager's income and should be paid for effective work. In the situation under consideration, the activities of the manager did not lead to the replenishment of the bankruptcy estate.

The Supreme Court of the Russian Federation agreed with these arguments, pointing out that the anti-crisis manager, as a professional participant in the process, should calculate the risks and strive for the best result for both the debtor and his loans. As a result, the decision of the lower courts was canceled, and the manager's application for payment of remuneration to him was rejected (definition No. 305-ES22-1346 of June 9, 2022).