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

The debtor's manager applied to the court for the establishment of interest on remuneration (case no. A40-308202/19). The courts of two instances partially satisfied the application, setting a percentage fee of 0.44% of the proceeds from the sale of the debtor's ...

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 ...

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 ...

THE SUPREME COURT HAS CLARIFIED THE CASE ON UNLAWFUL BRINGING A MANAGER TO LIABILITY

The courts of three instances satisfied the requirement of the state body to bring the manager to administrative liability in the form of a warning. However, the manager himself did not agree with this state of affairs and challenged the decisions made in the Supreme Court of Russia. The Economic Board canceled the judicial acts, obliging ...

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 ...

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 applied to the Supreme Court of Russia. Giving reasons for challenging the judicial acts, the applicant...

The Court of Appeal indicated when enforcement proceedings cannot be terminated

The bankruptcy trustee initiated a case to terminate the enforcement proceedings. The case was initiated on the basis of the court order which was issued earlier and was based on the losses that the bankruptcy trustee had caused to the debtor company. However, neither the court of first instance nor the court of appeal saw any possibility of satisfying the applicant's claims. As part of the bankruptcy case of the company, the trustee appointed by the court was first removed from his duties due...

COURT SENTENCED BANKRUPTCY TRUSTEE TO 4 YEARS IN PRISON FOR UNSUCCESSFUL SALE OF APARTMENT

In Chelyabinsk, a guilty verdict was passed against a bankruptcy trustee, who sold the apartment of a debtor client at a significantly lower price. The trustee was found guilty and sentenced to four years in prison, with a fine of half a million. The apartment of the bankrupt debtor became a disputable object of real estate. It was located in the city center and the area of the property was 130 square meters. Selling the lot, the trustee significantly reduced the cost, thereby causing damage....

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 this position to be incorrect and sent the case back...

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

... by him. In addition, the applicant should have carefully studied the subject of the contract before buying and depositing 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 called for a reconsideration of the dispute in the court of first instance ( decision No. 305-ES21-18687 of February 24, 2022)....

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