Before procedural succession, the remuneration of the manager is paid by the applicant

The debtor’s trustee applied to the court for recovery of remuneration and court expenses from the bankruptcy petitioner (Case No. A40-177845/14).

The courts of two instances, upon reconsideration, denied the application, motivating their approach by the fact that the applicant in the bankruptcy case had entered into an assignment agreement. Under it, the rights of the applicant were transferred to the latter, hence, it is the assignee who is the proper respondent.

The District Court did not share this approach and granted the application, stating the following:

“The existence of an assignment agreement without a judicial act of procedural succession does not change the status of the applicant, and therefore the respondent on the application for recovery of the manager’s remuneration.”

In addition, the manager filed a petition for the involvement of a corespondent, which was also not taken into account by the courts.

Source: https://rusbankrot.ru/legislative-news/do-protsessualnogo-pravopreemstva-voznagrazhdenie-upravlyayushchego-vyplachivaet-zayavitel/