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.
BOUNDARIES OF THE SUBSIDIARY: THE IMPACT OF CU'S ACTIONS ON THE SIZE OF THE REQUIREMENTS
The manager applied to the court to establish the amount of subsidiary liability of the controlling person (case no. A44-1128/19).
The courts of two instances satisfied the application based on the total size of the registered, registered and current creditors' claims.
The cassation sent the dispute for reconsideration, noting that the content of the complaint against the actions of the manager includes a claim for damages. As of the date of the ruling by the court of first instance, a separate dispute in which the claim for recovery of damages to the debtor's bankruptcy estate is being considered has not been considered on its merits, accordingly, the bankruptcy estate has not been formed. In this situation, the amount of subsidiary liability for the company's obligations, as the court of cassation believes, could not be reliably determined.
In addition, including in the amount of subsidiary liability tax claims for current payments that remained unpaid due to insufficient property of the debtor, the courts did not properly assess the defendant's arguments that these obligations arose from the company solely as a result of the unlawful actions of the manager.
Photo: Freepik
The courts of two instances satisfied the application based on the total size of the registered, registered and current creditors' claims.
The cassation sent the dispute for reconsideration, noting that the content of the complaint against the actions of the manager includes a claim for damages. As of the date of the ruling by the court of first instance, a separate dispute in which the claim for recovery of damages to the debtor's bankruptcy estate is being considered has not been considered on its merits, accordingly, the bankruptcy estate has not been formed. In this situation, the amount of subsidiary liability for the company's obligations, as the court of cassation believes, could not be reliably determined.
In addition, including in the amount of subsidiary liability tax claims for current payments that remained unpaid due to insufficient property of the debtor, the courts did not properly assess the defendant's arguments that these obligations arose from the company solely as a result of the unlawful actions of the manager.
Photo: Freepik
02.09.2025
