RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
ANALYSIS OF THE CAUSAL RELATIONSHIP BETWEEN CORPORATE ACTIONS AND THE BANKRUPTCY OF AN ORGANIZATION
The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A40-151297/19).
The court of first instance partially satisfied the application and proceeded from the proof of the status of persons controlling the debtor only in relation to a part of the defendants.
The appeal refused to satisfy the application, noting that the debtor's insolvency occurred before the disputed transactions were completed. It was pointed out that the mere fact of the loss of a transaction concluded under the influence of a controlling person (a set of transactions) cannot serve as an unconditional confirmation of the existence of grounds for subsidiary liability.
The cassation sent the dispute for reconsideration and pointed out that the courts had not considered the issue of recovery of damages from the defendants, which was not taken into account by the courts of the first and appellate instances. It is emphasized that during the new consideration of the dispute, the court of first instance should determine which specific actions of each of the defendants affected the deterioration of the debtor's financial situation.
Additionally, it is noted that it is necessary to establish the fact that each of the defendants committed specific actions that caused losses to the debtor or his bankruptcy. It is established that, in establishing the guilt of the defendants, the court of first instance came to premature conclusions, without taking into account the role of each of the defendants in committing actions that led to the deterioration of the debtor's financial condition.
Photo: Freepik
The court of first instance partially satisfied the application and proceeded from the proof of the status of persons controlling the debtor only in relation to a part of the defendants.
The appeal refused to satisfy the application, noting that the debtor's insolvency occurred before the disputed transactions were completed. It was pointed out that the mere fact of the loss of a transaction concluded under the influence of a controlling person (a set of transactions) cannot serve as an unconditional confirmation of the existence of grounds for subsidiary liability.
The cassation sent the dispute for reconsideration and pointed out that the courts had not considered the issue of recovery of damages from the defendants, which was not taken into account by the courts of the first and appellate instances. It is emphasized that during the new consideration of the dispute, the court of first instance should determine which specific actions of each of the defendants affected the deterioration of the debtor's financial situation.
Additionally, it is noted that it is necessary to establish the fact that each of the defendants committed specific actions that caused losses to the debtor or his bankruptcy. It is established that, in establishing the guilt of the defendants, the court of first instance came to premature conclusions, without taking into account the role of each of the defendants in committing actions that led to the deterioration of the debtor's financial condition.
Photo: Freepik
08.08.2025
