Bankruptcy moratorium will not affect everyone: the Ministry of Economics proposed new exceptions

Bankruptcy moratorium will not affect everyone: the Ministry of Economics proposed new exceptions

Bankruptcy moratorium will not affect everyone: the Ministry of Economics proposed new exceptions
The Deposit Insurance Agency (DIA) has taken the initiative to remove a number of persons from the bankruptcy moratorium list.  They include owners and top managers of companies, the actions of which have caused damage to financial institutions.

The DIA believes that persons responsible for the insolvency of companies are obliged to repay the claims of the latter, including through their own bankruptcy - there should be no grounds for exempting them from this due to the introduction of a moratorium.

Persons controlling the debtor, brought to the subsidiary liability by the court, in respect of which their application for insolvency has been filed, may fall out of the list.

In the cases under consideration, the DIA proposes not to apply the six-month moratorium introduced the day before. The DIA believes that if the court finds the person guilty in the company's insolvency, he or she should not be released from liability.

Debt collection from the person guilty of the insolvency of the company, among other things, makes it possible to pay off the debts to the depositors of the bankrupt credit organization. This happens due to the sale of property of persons brought to subsidiary liability, which in turn has a positive effect on the procedure as a whole.

We should recall that earlier Mikhail Mishustin made a statement about the introduction of a bankruptcy moratorium in Russia.

This is due to the sanctions pressure that the Russian Federation and the business operating in it are currently experiencing.

Exceptions to the list of companies that have the right to protect themselves from bankruptcy are debtors-developers. At the same time, the rule in relation to them does not work if the real estate they are building is already in the register of problem objects.


04.04.2022