YOU WILL NOT BE PAID FOR ERRONEOUS PUBLICATIONS

The debtor's manager appealed to the court with an application for recovery of remuneration from the tax service (case no. A55-19530/17).

In satisfying the claims, the courts of two instances were guided by the debtor's lack of property sufficient to repay the claims of the arbitration administrator (AU).

The cassation sent the dispute for a new review and drew attention to the arguments of the tax service on the implementation by the manager, in violation of the requirements of the Bankruptcy Law, of the costs of paying for publications on the EFRSB and in the Kommersant newspaper, notifications of receipt of creditors' claims (5 publications), on the cancellation of a previously published message on the holding of the first creditors' meeting, on the absence of signs of deliberate and fictitious bankruptcy, on the release of the manager from the duties of the temporary manager of the debtor.

The authorized body also drew the attention of the courts to the fact that since reports on the receipt of creditors' claims, on the absence of signs of intentional and fictitious bankruptcy, on the cancellation of a previously published notice on the holding of the first creditors' meeting are not subject to mandatory publication on the Unified Federal Register of Bankruptcy Information (EFRS), and payment of the costs of publication on the Unified Federal Register of Information on bankruptcy (EFRSB) and in the newspaper Kommersant, notifications on the release of the manager from the duties of the temporary manager by the debtor by virtue of a direct instruction of the Bankruptcy Law are carried out at the expense of the arbitration manager himself, then the expenses incurred by the manager for these publications are declared to be reimbursed at the expense of the authorized body unlawfully.