Payment of creditors of the main money causes of arbitration manager.

Abstract

This article reveals the problematic issues in determining the size of the remuneration of the arbitration manager, liquidator, justifies the legal possibility of collecting debts from the creditors on the main monetary remuneration of the arbitration manager.

Also, the reasons for settling settlements with the liquidator at the expense of cash received from the sale of mortgaged property are given.

The author proposed, in calculating the remuneration of the arbitration manager, to take into account the size of the actual paid salary and not the accrued payout. In addition, it has been determined that the salary of the arbitration manager can not be lower than two minimum wages.

The criterion of accrual and payment of wages is precisely the fulfillment of the duties of the manager, and the fact of being in office.

Proof of performance of duties is the commission of actions stipulated by Article 98 of the Law and other tasks specified by the Bankruptcy Law.

Thus, in the case of proper performance of duties, the arbitrator should be entitled to remuneration at the expense of the creditors.

The mortgage lender, at the expense of the proceeds from the sale of the property that was the subject of collateral, is obligated to pay the remuneration of the arbitration manager, determined at the moment of crediting the money custody to the liquidation account, in a proportion that corresponds to the size of his claims from the total number of all claims recognized by the court of creditors.