RusBankrot
We know everything about bankruptcy
28/12/2024
Saturday
THIS DAY IN HISTORY:
28 December 
1970 the Novosibirsk Metro was commissioned.
1970 A public screening of the Lumiere Brothers Cinematography took place, the birth of cinema.
1970 The first chewing gum was patented in Ohio.
28 December
1970 the Novosibirsk Metro was commissioned.
1970 A public screening of the Lumiere Brothers Cinematography took place, the birth of cinema.
1970 The first chewing gum was patented in Ohio.
THE SUBSIDY INCLUDES THE REMUNERATION OF THE MANAGER
The debtor's manager appealed to the court with a demand to recover court costs and the amount of the manager's remuneration from the creditor.
The position of the first instance and the appeal
Two instances satisfied the requirements of the manager. Satisfying the application, the courts proceeded from the fact that the remuneration to the arbitration administrator in bankruptcy proceedings was established by judicial acts that entered into force.
In such circumstances, the court considered that the application of the arbitral tribunal for the recovery of the amount of fixed remuneration, expenses incurred, for conducting the monitoring procedure and bankruptcy proceedings against the debtor is justified and subject to satisfaction.
The position of the District Court
The cassation annulled the judicial acts of lower instances and sent the dispute for a new consideration (Resolution of the Arbitration Court of the Moscow Region dated 12/28.23 in case No. A40-145928/2020). In support of its position, the district court cited the following arguments:
• As indicated by the arbitration court of the appellate instance of Russian Railways, objecting to the claims of the arbitration manager, referred to the fact that the costs of remuneration to the arbitration manager are subject to recovery by bringing to subsidiary liability.
• Due to the provisions of the Bankruptcy Law, the debt on court costs in the bankruptcy case and remuneration to the temporary and bankruptcy trustee was subject to inclusion by the bankruptcy trustee in the amount of subsidiary liability. However, this circumstance has not been verified and established by the courts.
• Taking into account the normatively fixed principle of good faith and reasonableness of the actions of the arbitration manager in the bankruptcy case, in such a situation shifting the burden of bearing the specified running costs (expenses in the bankruptcy case and remuneration of the arbitration manager) for the relevant period to the applicant in the bankruptcy case is unreasonable.
The position of the first instance and the appeal
Two instances satisfied the requirements of the manager. Satisfying the application, the courts proceeded from the fact that the remuneration to the arbitration administrator in bankruptcy proceedings was established by judicial acts that entered into force.In such circumstances, the court considered that the application of the arbitral tribunal for the recovery of the amount of fixed remuneration, expenses incurred, for conducting the monitoring procedure and bankruptcy proceedings against the debtor is justified and subject to satisfaction.
The position of the District Court
The cassation annulled the judicial acts of lower instances and sent the dispute for a new consideration (Resolution of the Arbitration Court of the Moscow Region dated 12/28.23 in case No. A40-145928/2020). In support of its position, the district court cited the following arguments:• As indicated by the arbitration court of the appellate instance of Russian Railways, objecting to the claims of the arbitration manager, referred to the fact that the costs of remuneration to the arbitration manager are subject to recovery by bringing to subsidiary liability.
• Due to the provisions of the Bankruptcy Law, the debt on court costs in the bankruptcy case and remuneration to the temporary and bankruptcy trustee was subject to inclusion by the bankruptcy trustee in the amount of subsidiary liability. However, this circumstance has not been verified and established by the courts.
• Taking into account the normatively fixed principle of good faith and reasonableness of the actions of the arbitration manager in the bankruptcy case, in such a situation shifting the burden of bearing the specified running costs (expenses in the bankruptcy case and remuneration of the arbitration manager) for the relevant period to the applicant in the bankruptcy case is unreasonable.
12.01.2024
