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THE SUPREME COURT WILL LOOK INTO THE REMUNERATION OF THE MANAGER WHEN SELLING THE COLLATERAL

In the framework of the debtor's bankruptcy case (No. A56-137087/19), the manager appealed to the court with an application to establish a percentage fee in connection ... ... satisfied claims of the collateral creditor. The debtor's creditor did not agree with this approach and filed a complaint with the Supreme Court, pointing out that the services for the sale of the collateral were provided not by the manager, but by the organizer ...

THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT

... repaid from the moment the mortgaged creditor began to benefit from its status. This can happen both at the very beginning of the bankruptcy case and at the observation stage, the Supreme Court determined. Such approaches were described by the judicial board for Economic Disputes of the Supreme Court of ... ... to the collateral creditor. • If the bank's unfair behavior is not proven, as well as the loss of the economic meaning of the pledge, property taxes and penalties are repaid from the proceeds of the pledged property in accordance with paragraph 6 of Article ...

SEPARATE CONDITIONS ARE REQUIRED FOR THE JUDICIAL PROCEDURE OF FORECLOSURE ON THE SUBJECT OF COLLATERAL

The plaintiff (the pledgee) appealed to the court with a demand to the defendant to foreclose on the subject of the pledge by transferring it to ... ... instances satisfied the claim, referring to the fact that the debt under the loan agreement was not repaid by the defendant. The Supreme Court of the Russian Federation sent the dispute for a new consideration and noted that only an out-of-court procedure ...

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