Percent rate of a reward of insolvency officer

Abstract

The present article is devoted to the order of the establishment and payment of percentage on a reward to the insolvency officer. Even though the order of their calculation is established by the law, court practice faces a set of problems. The author covered some problems arising in court practice in connection with their calculation: in particular, the question of how we determine the actual value of the debtor's assets when calculating the percent of temporary or administrative officer, whether the requirement of creditors repaid by the agreement on a compensation or by offset of counter uniform requirements is to be taken into account when calculating percents on a reward for the bankruptcy manager; the author considers the bases for reduction of this type of reward, and also cases when the courts might refuse their payment. The solution of the specified questions represents not only theoretical, but also practical interest for all mechanism of bankruptcy of the debtor in general, because the quality of the procedure of bankruptcy directly depends on the quality of work of insolvency officer, therefore the reward of his services has to be stimulating for good work. Refs 4.

Keywords:

bankruptcy (insolvency), insolvency officer, reward, percents on a reward, register of requirements of creditors