RusBankrot
We know everything about bankruptcy
03/05/2024
Friday
THIS DAY IN HISTORY:
3 May 
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
3 May
2021 World Press Freedom Day
2020 World Press Freedom Day
1957 Collective farms were transformed into the state farms in the USSR.
1957 Collective farms were transformed into the state farms in the USSR.
1841 New Zealand was declared a British colony.
1841 New Zealand was declared a British colony.
THE COURTS HAVE NO RIGHT TO ARBITRARILY REDUCE THE REMUNERATION OF THE MANAGER
The debtor's manager applied to the court for the establishment of interest on remuneration (case no. A40-308202/19).
The courts of two instances partially satisfied the application, setting a percentage fee of 0.44% of the proceeds from the sale of the debtor's property.
The district court sent the dispute for a new consideration and noted that the arguments of the financial manager that the courts did not assess that the financial manager had carried out a set of measures aimed at forming the bankruptcy estate and selling the debtor's property in order to obtain the maximum amount of revenue that can be used to repay creditors' claims deserve attention.
The arguments of the financial manager that the courts did not investigate the circumstances related to the volume of services actually rendered to the manager, while these circumstances were included in the subject of proof, were essential for the correct resolution of a separate dispute, and therefore were subject to research and evaluation, deserve attention.
Due to the fact that the above arguments of the financial manager have not been properly verified by the courts, the circumstances of the sale of the debtor's property have not been investigated with due completeness, the conclusions of the courts on the establishment of a percentage fee of less than 0.50% of the proceeds from the sale of the debtor's property, in the absence of satisfied complaints about the actions (inaction) of the financial manager, the board of the district he finds the trials premature.
The courts of two instances partially satisfied the application, setting a percentage fee of 0.44% of the proceeds from the sale of the debtor's property.
The district court sent the dispute for a new consideration and noted that the arguments of the financial manager that the courts did not assess that the financial manager had carried out a set of measures aimed at forming the bankruptcy estate and selling the debtor's property in order to obtain the maximum amount of revenue that can be used to repay creditors' claims deserve attention.
The arguments of the financial manager that the courts did not investigate the circumstances related to the volume of services actually rendered to the manager, while these circumstances were included in the subject of proof, were essential for the correct resolution of a separate dispute, and therefore were subject to research and evaluation, deserve attention.
Due to the fact that the above arguments of the financial manager have not been properly verified by the courts, the circumstances of the sale of the debtor's property have not been investigated with due completeness, the conclusions of the courts on the establishment of a percentage fee of less than 0.50% of the proceeds from the sale of the debtor's property, in the absence of satisfied complaints about the actions (inaction) of the financial manager, the board of the district he finds the trials premature.
10.11.2023
