THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the procedure and remuneration of the arbitration manager. The court of first instance satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application.

The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the fact that the debtor was declared bankrupt under the simplified procedure of the absent debtor.

At the same time, the court of first instance came to the correct conclusion that in the actual absence of the debtor's property, the obligation to pay the remuneration of the arbitration manager and the costs of the bankruptcy case is assigned to the applicant in the case, in this case - to the Federal Tax Service.

Photo: Freepik