"SON FOR FATHER...": CREDITORS OF THE BANKRUPT COMPANY CAME TO THE CHILDREN OF THE DECEASED MANAGER

Responsibility for the debts of a bankrupt enterprise can be a nuisance not only for the owners or directors of companies, but also for their family members. Especially in cases when the "controlling person of the debtor" (CDL) suddenly ended, and his heirs who entered into the rights accepted the assets of the testator together with his debt obligations.

As Kommersant notes, such practice in arbitration courts is becoming more and more frequent. A peculiar start was given to it by the decision of the Supreme Court of the Russian Federation, adopted at the end of 2019. It was about the company "Amur Product" that went bankrupt in March 2017.

On September 3, 2022, the Amur arbitration court adopted a resolution on the prosecution of the wife and children of the former deputy director of the firm, Mikhail Schaefer. The initiator of the case was the creditor represented by the company "RN-Oil product". The top manager was accused of embezzling fuel in the amount of more than 235 million. However, in November 2015, the manager died and the criminal case was closed.

Mikhail Schaefer's parents renounced their inheritance after his death. His widow did not attempt to rehabilitate her deceased spouse. As a result, Natalia Schaefer inherited 7 million rubles, and their minor sons 2.3 million each.

Now, if the court's decision cannot be challenged, the children and the wife of the deceased will have to answer for their father and husband.

According to experts, the case of the "Amur Product" may turn out to be fateful for judicial practice. Heirs began to be held accountable more often, including claims for damages. If creditors try to recover their losses from themselves during the life of the CDL, then after death their property, which has passed to the heirs, is brought to account.

Lawyers believe that in the current situation, when in practice the responsibility of the CDL is presumed, and the standards of proof remain the same, the heirs find themselves in an unenviable position.

It is unlikely that the problem can be solved simply by freeing the heirs from such obligations. However, often their awareness of the testator's affairs is much less than that of creditors collecting debts. As the old biblical proverb says, "the fathers ate sour grapes, and the children's teeth are set on edge."

Фото: Изображение от Freepik