Attorney Danilevich successfully defended the interests of the creditor in the case of imposing expenses for the services of interim manager in the debtor’s economic insolvency procedure.
The economic court instituted proceedings on the economic insolvency of the debtor at the request of the creditor. At the end of the protection period, based on the conclusion of the interim manager, the court concluded that the debtor was solvent, there were no grounds for opening bankruptcy proceedings, and made a decision on the termination of the proceedings. This situation is quite rare, because, as a rule, the debtor does not cope with the recovery of solvency and “goes” to bankruptcy proceedings.
In accordance with p. 4 of Art. 53 of the Law on Bankruptcy “when a economic court decides to terminate economic insolvency (bankruptcy) proceedings due to the lack of grounds established by Article 84 of this Law, the costs provided for in the first part of this Article shall be borne by the creditors who filed an application to the economic court, and distributed among them in proportion to their requirements. ”
The interim manager brought the motion to the court on imposing expenses related to the payment for services of interim manager on the creditor who has filed the request for economic insolvency of the debtor, in accordance with p. 4 of Art. 53 of the Law of Bankruptcy.
For protection the interests of the client, the lawyer indicated to the non-application of p. 4 of Art. 53 of the Law of Bankruptcy to the particular situation. In justification of his position, the attorney pointed out that at the time of the initiation of proceedings there were grounds for opening bankruptcy proceedings against the debtor, and during proceedings the debtor voluntarily satisfied the creditor’s claim himself. Consequently, all the actions of the creditor in submission of the request were legal and justified. In that case under the rules of p.4 of Art. 53 of the Law of Bankruptcy, expenses would be borne by the creditor for his legal and justified actions. In support of his arguments, the attorney turned to an analogy of the law, indicated that in a lawsuit while the defendant voluntarily satisfies the plaintiff’s claims, expenses are recovered from the defendant, since the defendant is the party guilty of the dispute.
In the results of the consideration of the case in the court of the first and appeal instances, the court assigned the expenses for services of the interim manager to the debtor.