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.
CALCULATION OF THE SUBSIDY: FEATURES OF TAKING INTO ACCOUNT THE REQUIREMENTS OF RESOURCE-SUPPLYING ORGANIZATIONS
The manager applied to the court for subsidiary liability of the debtor's former managers and participants (case no. A27-22552/20).
The courts of two instances partially satisfied the application, based on the occurrence of the debtor's signs of objective bankruptcy no later than a certain date, respectively, the former head, as the head of the debtor at that time, had the obligation to apply to the arbitration court with a bankruptcy petition of the debtor. Taking into account the periods of occurrence of the debtor's unfulfilled obligations, the court determined the amount of subsidiary liability of the defendants jointly and severally.
The cassation sent the dispute for reconsideration, noting that the amount of liability of a person who did not fulfill the obligation to file for bankruptcy in a timely manner is limited by obligations that arose after the expiration of the one-month deadline for filing an application and before the initiation of bankruptcy proceedings. In this case, the debtor's activity consisted of managing apartment buildings as a management organization, and the main part of the requirements in the register is debt owed to resource supply organizations.
As correctly established by the courts, contracts with resource supply organizations were concluded before the obligation to file for bankruptcy of the debtor arose, however, creditors continued to fulfill obligations to supply utility resources when they were aware of the debtor's failure to fulfill obligations to pay previously incurred debts.
At the same time, the courts did not assess the possibility of resource supply organizations to terminate their obligations to supply energy, water supply and sanitation, the final recipients of which were residents of apartment buildings, since such actions would have led to the disconnection of residential apartment buildings from energy and water resources.
Without a study and assessment of these circumstances, conclusions about the existence of grounds for refusing to include debt owed to resource supply organizations in the amount of subsidiary liability cannot be considered justified.
Photo: Freepik
The courts of two instances partially satisfied the application, based on the occurrence of the debtor's signs of objective bankruptcy no later than a certain date, respectively, the former head, as the head of the debtor at that time, had the obligation to apply to the arbitration court with a bankruptcy petition of the debtor. Taking into account the periods of occurrence of the debtor's unfulfilled obligations, the court determined the amount of subsidiary liability of the defendants jointly and severally.
The cassation sent the dispute for reconsideration, noting that the amount of liability of a person who did not fulfill the obligation to file for bankruptcy in a timely manner is limited by obligations that arose after the expiration of the one-month deadline for filing an application and before the initiation of bankruptcy proceedings. In this case, the debtor's activity consisted of managing apartment buildings as a management organization, and the main part of the requirements in the register is debt owed to resource supply organizations.
As correctly established by the courts, contracts with resource supply organizations were concluded before the obligation to file for bankruptcy of the debtor arose, however, creditors continued to fulfill obligations to supply utility resources when they were aware of the debtor's failure to fulfill obligations to pay previously incurred debts.
At the same time, the courts did not assess the possibility of resource supply organizations to terminate their obligations to supply energy, water supply and sanitation, the final recipients of which were residents of apartment buildings, since such actions would have led to the disconnection of residential apartment buildings from energy and water resources.
Without a study and assessment of these circumstances, conclusions about the existence of grounds for refusing to include debt owed to resource supply organizations in the amount of subsidiary liability cannot be considered justified.
Photo: Freepik
18.09.2025
