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EstoniaRiigikohus

Trustee keeps fee right even when bankruptcy order is annulled

An annulled bankruptcy still leaves both trustees entitled to pay; Riigikohus quashed the lower courts' fee orders and sent fees and cost-sharing back for retrial.

By Taxxa AI OyPublished 21 October 2026

Legal & Corporate

Industry: Across industries

A bankruptcy trustee and an interim trustee keep the right to be paid for the work they did even when the bankruptcy order itself is annulledRiigikohus because the petition was filed by a person without authorityRiigikohus. In its ruling of 21 October 2026Riigikohus in case 2-25-16902, concerning the debtor petition of aktsiaselts NT Bunkering, the civil chamber of Riigikohus quashed both lower courts' orders on the interim trustee's feeRiigikohus and sent the fee and cost questions back to Harju County Court for a fresh decisionRiigikohus.

The county court had declared the bankruptcy on 1 December 2025Riigikohus and appointed Margus Lentsius as trustee, fixing the interim trustee's fee at 3050 euro 40 cents including VATRiigikohus. On appeal by board member Aleksei Mürisep, the circuit court annulled the bankruptcy ruling in its entiretyRiigikohus: the petition had been filed by Toomas Saarma on the authority of the sole shareholder's meetingRiigikohus, and a shareholders' meeting cannot file a debtor's bankruptcy petition or authorise third parties to do soRiigikohus — only a member of the management board may represent the company in filing, including under joint representationRiigikohus. The petition was therefore left unexaminedRiigikohus and the costs left with the companyRiigikohus. The chamber did not disturb that partRiigikohus: a trustee has no standing to appeal the leaving of a petition unexamined or the resulting cost allocationRiigikohus.

The chamber did intervene on pay. Annulling the bankruptcy order does not undo the legal acts the administrators already performedRiigikohus, and it does not extinguish their workRiigikohus: the interim trustee is entitled to remuneration under Pankrotiseaduse § 23Riigiteataja, and the trustee under § 65Riigikohus. The circuit court had vacated the 3050.40 euro fee on its own motionRiigikohus — nobody had challenged it — without examining the right to payRiigikohus or giving reasonsRiigikohus, which the chamber held to be a material breach of the duty to give reasonsRiigikohus. The county court's fee order had to fall as wellRiigikohus, because it ordered payment from the bankruptcy estateRiigikohus, and where a petition is left unexamined the person never becomes a debtorRiigikohus and the assets never become an estateRiigikohus, so the estate cannot be the source of paymentRiigikohus.

For the retrial the chamber gave the county court the full map. The trustee must be given the opportunity to apply for a fee and reimbursement of expensesRiigikohus; where there is no estate to base the calculation on, the court proceeds by analogy from the calculation in § 65(12)Riigikohus, with the application as the preconditionRiigikohus. On costs, the statute does not say who bears the proceedings' costs when a debtor's petition is left unexamined only after bankruptcy has been declaredRiigikohus, so the court applies § 150(3) by analogyRiigikohus: as with an unexamined creditor petition, the costs generally stay with the petitioner, with the circumstances of each case taken into account. The trustee also has appellate standing on fee and cost rulingsRiigikohus — for the interim fee because the circuit court ruled on it without an appealRiigikohus, and for the trustee fee because it is raised for the first time against the circuit court's rulingRiigikohus — while the evidence filed with the trustee's appeal was refused for lack of standing on the underlying insolvency disputeRiigikohus.

Legal basis: Pankrotiseaduse §§ 5, 23, 32, 65 ja 150; TsMS §§ 8, 679, 695 ja 701.

After a bankruptcy order is annulled, apply to the county court for the trustee fee and expense reimbursement, and have any new debtor petition filed by a management-board member rather than the shareholder meeting.

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