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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 ... ... 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

... In support of its position, the court cited the following arguments (Ruling of the Supreme Court of the Russian Federation dated 06/13/2024 No. 304-ES22-29762): The bank's... ... monitoring procedure. • At the hearing, representatives of the parties explained that the debtor's subsequently realized property complex did not function in bankruptcy proceedings... ... 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...

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

... foreclose on the subject of the pledge by transferring it to the plaintiff. In support of the claim, the plaintiff pointed out that a loan agreement was concluded between the parties to secure the fulfillment of obligations, under which the defendant pledged real estate. The courts of three 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 for foreclosing on the collateral was agreed between the parties. At the same time, the parties did not comply with the notarial ...

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