THE EXPENSES OF THE MANAGER CAN BE COMPENSATED BY THE ASSIGNMENT OF A SUBSIDY

The debtor's manager applied to the court for the replacement of the recoverer at the request of the subsidiary defendants (case no. A40-130247/16). The manager justified his statement by having a claim for reimbursement of the expenses of the arbitration manager (AU) and replacing it with a claim to subsidiary defendants.

The courts of two instances, refusing to satisfy the application, took into account the amount of debt owed to the arbitration administrator, on the one hand, and the amount of debt on subsidiary liability, on the other hand, and concluded that the proportionality of counter-enforcement was not proven.

The cassation granted the application and pointed out that in this case the manager's claim to the debtor exceeds the real value of the claim to subsidiary defendants, given the illiquidity of the second, the settlement agreement between the debtor and the manager was executed with an equivalent counter-provision by each of the parties, does not violate the property rights of the debtor (his creditors).