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THE COURTS HAVE NO RIGHT TO ARBITRARILY REDUCE THE REMUNERATION OF THE MANAGER

... setting a percentage fee of 0.44% of the proceeds from the sale of the debtor's property. The district court sent the dispute for a new consideration and noted that the arguments of the financial manager that the courts did not assess that the financial manager had carried out a set of measures aimed at forming the bankruptcy estate and selling the debtor's property in order to obtain the maximum amount of revenue that can be used to repay creditors' claims deserve attention. The arguments of the financial manager that the courts did not investigate the circumstances ...

THE SUPREME COURT REJECTED A $10 MILLION LAWSUIT AGAINST THE BANKRUPTCY TRUSTEE

The insurance company appealed to the court (case no. A40-81332/22) with a claim for recovery of funds from the manager by way of recourse, referring to the fact that in the framework of the debtor's bankruptcy case, losses were recovered from the manager for violating the procedure for settlements on utility bills, and the insurance company paid funds to compensate for these losses, on the basis of a liability insurance contract. The courts of three instances satisfied the claim, pointing ...

THE SLUGGISH MANAGER GOT INTO LOSSES

The courts of the West Siberian Arbitration District considered a dispute on the recognition of the manager's inaction as illegal and the recovery of losses from him (case no. A45-19150/15). The creditor's secured claim was included in the register, the collateral items were sold at auction, but the manager did not transfer the money owed to the creditor ...

Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

The Supreme Court of Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee. The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative responsibility. However, the courts of three instances rejected the claim, after which the Russian State Register ...

Supreme Court of Russia indicated what should not be done when changing a bankruptcy trustee

The highest court considered the case on the complaint of two creditors of the debtor, who were dissatisfied with the decisions of the lower courts. The question concerned the change of the bankruptcy trustee in connection with bringing the latter to administrative responsibility. Initially, the application was filed by the SRO, which proposed a new candidate. In the court of first instance, the claim was satisfied, but the appeal considered ...

Should a bankruptcy trustee report the arrest of property during bidding?

... requested an extended extract from the USRN. However, the applicant continued to insist that it was the responsibility of a bankruptcy trustee to provide all the necessary information about the goods being sold, including the fact of the arrest. He, ... ... money. When considering the complaint, the economic board and its three judges came to the conclusion that the arguments of the manager and lower instances were untenable. The Supreme Court of the Russian Federation cancelled all three court decisions and ...

Rent of a house in Rublyovka became the subject of a bankruptcy case

The case on the complaint of the bankruptcy trustee of debtor was referred to the highest court of Russia. The anti-crisis manager received refusals to satisfy his claim in lower instances and decided to seek justice in the Supreme Court of Russia. The Economic Board listened to the arguments and urged colleagues to reconsider the case, pointing out the mistakes made. ...

Supreme Court of Russia resolved the issue of lease payments in bankruptcy

The highest court of Russia considered the case on the complaint of the leasing company, the payments in favor of which were canceled by the lower courts at the request of the debtor’s manager. The judges considered the existence of such transfers on the eve and during the bankruptcy period as a preference for one debtor over others, but the Supreme Court of Russia came to a different conclusion. The manager filed an application challenging the payments to the leasing company. The courts of three instances agreed with ...

WHAT YOU SHOULD KNOW ABOUT TRANSITION FROM A SIMPLIFIED BANKRUPTCY PROCEDURE TO A GENERAL ONE

The Arbitration Court of the North Caucasian District considered the case on the request of the bankruptcy manager to transfer the debtor from the simplified bankruptcy procedure to the general one. The way of considering this application was thorny: the cassation proceeded in a second round and, nevertheless, the court rejected the claims. Initially, the ...

THE COURT CANCELED AN INCREASE IN THE REMUNERATION OF A DEBTOR-DEVELOPER’S MANAGER

The bankruptcy manager of a debtor applied to the court with a demand to increase the fixed part of his remuneration in the framework of bankruptcy. The arguments were based on the fact that the volume of work is significant and is due to the complex requirements of ...

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