AN ATTEMPT TO ALIENATE PROPERTY MIGHT CAUSE IMPLEMENTATION OF PROVISIONAL MEASURES

The bankruptcy manager filed an application for bringing the persons controlling the debtor to subsidiary liability. Alongside this, the applicant filed an application for implementation of provisional measures.

At first, the courts of two instances denied the seizure of the property, pointing out a lack of evidence of the intentions to alienate the property. However, the district court noted that the bringing of the person controlling debtor to subsidiary liability and the seizure of the property of the latter both meet the interests of the creditors, and the purpose of the proceedings is not only a performance of a legal and reasonable judicial act, but also the practical possibility of its execution, for which there is an institution of provisional measures.

The representatives of the cassation instance reminded their colleagues that the question of ensuring the imposition itself is of a presumptive nature in terms of the possibility of alienation of property, if such measures are not taken.

After reconsideration of the previously issued judicial acts, the district court satisfied the requirement for the provisional measures in respect of two persons who had already made attempts to alienate their property (decision of July 29, 2020 in case No. A40-241740 / 2018).