RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
THE MANAGER HAS THE RIGHT TO REFUSE TO COLLECT HIS REMUNERATION
The manager applied to the court for the recovery of remuneration and expenses (case no. A79-7236/16).
In refusing to satisfy the application, the courts of two instances were guided by the fact that the manager had already been paid remuneration in excess of the amount of remuneration that he was actually entitled to. The courts took into account that the actions of the manager in the bankruptcy procedure of the debtor were recognized as illegal, as well as the fact of bringing him to administrative responsibility with the imposition of punishment in the form of disqualification.
During the consideration of a separate dispute in the court of appeal, the arbitration administrator sent a waiver of the application, which was not accepted by the court, because he considered that there was no unambiguously expressed position of the authorized body regarding the said refusal, therefore its acceptance may entail a violation of the applicant's rights in the bankruptcy case.
The cassation annulled the acts of the lower courts and accepted the refusal of the manager from the application, terminating the proceedings on it, based on the following:
Having stated that the manager's refusal of the application with the subsequent termination of proceedings on a separate dispute may entail a violation of the rights of the authorized body and other creditors, the court of Appeal refused to accept it and continued consideration of the appeal on the merits.
Meanwhile, the court did not specify which interests and which creditors are violated by the refusal of the arbitration administrator from the application, given that the ruling of the court of first instance denied satisfaction of his claims.
In addition, the manager, declaring a waiver of claims against the debtor, recognizes the fact that there is no debt to him for remuneration and expenses, therefore, the rights of the authorized body cannot be violated by the subsequent presentation of similar claims to him as to the applicant in the bankruptcy case.
In refusing to satisfy the application, the courts of two instances were guided by the fact that the manager had already been paid remuneration in excess of the amount of remuneration that he was actually entitled to. The courts took into account that the actions of the manager in the bankruptcy procedure of the debtor were recognized as illegal, as well as the fact of bringing him to administrative responsibility with the imposition of punishment in the form of disqualification.
During the consideration of a separate dispute in the court of appeal, the arbitration administrator sent a waiver of the application, which was not accepted by the court, because he considered that there was no unambiguously expressed position of the authorized body regarding the said refusal, therefore its acceptance may entail a violation of the applicant's rights in the bankruptcy case.
The cassation annulled the acts of the lower courts and accepted the refusal of the manager from the application, terminating the proceedings on it, based on the following:
Having stated that the manager's refusal of the application with the subsequent termination of proceedings on a separate dispute may entail a violation of the rights of the authorized body and other creditors, the court of Appeal refused to accept it and continued consideration of the appeal on the merits.
Meanwhile, the court did not specify which interests and which creditors are violated by the refusal of the arbitration administrator from the application, given that the ruling of the court of first instance denied satisfaction of his claims.
In addition, the manager, declaring a waiver of claims against the debtor, recognizes the fact that there is no debt to him for remuneration and expenses, therefore, the rights of the authorized body cannot be violated by the subsequent presentation of similar claims to him as to the applicant in the bankruptcy case.
16.08.2024
