RusBankrot
We know everything about bankruptcy
16/05/2025
Friday
THIS DAY IN HISTORY:
16 May 
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
16 May
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
THE MANAGER MUST RECEIVE HIS REMUNERATION, DESPITE THE SALE OF ONLY A SHARE IN THE DEBTOR'S PROPERTY
The manager applied to the court to establish the amount of interest on remuneration (case no. A03-10308/22).
Partially satisfying the application, the courts of two instances were guided by the fact that the debtor owns one 1/2 in the right of common joint ownership of the sold real estate (apartment), therefore, in fact, the debtor's share in the proceeds from the sale of this property was only 50 percent, respectively, the amount of interest on remuneration will depend on the size of the specified share.
The cassation granted the application in full, based on the fact that the formula used by the courts for calculating interest on the remuneration of the financial manager is erroneous. There are no legal grounds for calculating interest based on half the value of the sold common property of the spouses, which was pledged under a common obligation.
Taking into account the above legal norms, in the absence of grounds for reducing the amount of the manager's remuneration, namely signs of unfair, unreasonable, illegal behavior, in the case in question, the interest on the manager's remuneration is calculated based on the total amount of revenue received from the sale of the spouses' common property (apartment), which was pledged under a joint obligation.
Partially satisfying the application, the courts of two instances were guided by the fact that the debtor owns one 1/2 in the right of common joint ownership of the sold real estate (apartment), therefore, in fact, the debtor's share in the proceeds from the sale of this property was only 50 percent, respectively, the amount of interest on remuneration will depend on the size of the specified share.
The cassation granted the application in full, based on the fact that the formula used by the courts for calculating interest on the remuneration of the financial manager is erroneous. There are no legal grounds for calculating interest based on half the value of the sold common property of the spouses, which was pledged under a common obligation.
Taking into account the above legal norms, in the absence of grounds for reducing the amount of the manager's remuneration, namely signs of unfair, unreasonable, illegal behavior, in the case in question, the interest on the manager's remuneration is calculated based on the total amount of revenue received from the sale of the spouses' common property (apartment), which was pledged under a joint obligation.
06.12.2024
