ASSESSMENT OF THE SET OF DEADLINES FOR BRINGING TO RESPONSIBILITY FOR FAILURE TO FILE A BANKRUPTCY PETITION

ASSESSMENT OF THE SET OF DEADLINES FOR BRINGING TO RESPONSIBILITY FOR FAILURE TO FILE A BANKRUPTCY PETITION

ASSESSMENT OF THE SET OF DEADLINES FOR BRINGING TO RESPONSIBILITY FOR FAILURE TO FILE A BANKRUPTCY PETITION
The manager applied to the court to hold the controlling persons vicariously liable for the debtor's obligations (case no. A06-144/23).

The courts of two instances partially satisfied the application, concluding that the defendants had not fulfilled their obligation to make a decision on applying for bankruptcy to the arbitration court.

The cassation sent the dispute for reconsideration in part, pointing out that the courts identified the deadline for the obligation to file for bankruptcy with the court with the expiration of the 10-day period from the day when the head failed to fulfill the relevant obligation.

Without applying or calculating the 10-day period after which the aggregate of deadlines for the actions of the relevant persons begins to flow, the courts did not establish the aggregate of deadlines themselves (the deadline for convening a meeting, the deadline for preparing and holding a meeting, the deadline for making a decision, a reasonable deadline for filing an application). Without defining such a set of deadlines, the courts did not establish the existence and scope of the debtor's obligations that arose after the expiration of this set of deadlines.

10.06.2026