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.
CHILDREN ARE NOT ALWAYS RESPONSIBLE FOR THEIR PARENTS.
The manager appealed to the court demanding that the former head of the debtor and his children be held vicariously liable for the debtor's obligations. (Case no. A10-6087/19).
Partially satisfying the application, the courts of two instances proceeded from the fact that the identities of the children of the debtor's supervisor were used to create the appearance of alienation of property, and therefore they are also co-causers of harm. The transfer of the debtor's property to the children of the head on the basis of donation agreements made it impossible to compensate for these losses by holding the debtor accountable.
The courts found it proven that there were grounds for holding the children of the debtor's supervisor liable in the form of damages in favor of the company, since at the date of the donation of real estate, the company already had outstanding obligations to creditors.
The cassation annulled the judicial acts in part and refused to satisfy the application, since at the date of the donation the company had no creditors, to exclude the possibility of obtaining execution at the expense of this property, the debtor's actions on the gratuitous alienation of real estate to the children of the head could be directed.
Since these actions were not the reason for the objective bankruptcy of the company, the conclusions of the courts should be recognized as inconsistent with the factual circumstances of the case.
Bringing the children of the debtor's supervisor jointly and severally to subsidiary responsibility for the failure of the debtor's documents and property by the supervisor himself is not based on the norms of law and is erroneous.
Photo: Freepik
Partially satisfying the application, the courts of two instances proceeded from the fact that the identities of the children of the debtor's supervisor were used to create the appearance of alienation of property, and therefore they are also co-causers of harm. The transfer of the debtor's property to the children of the head on the basis of donation agreements made it impossible to compensate for these losses by holding the debtor accountable.
The courts found it proven that there were grounds for holding the children of the debtor's supervisor liable in the form of damages in favor of the company, since at the date of the donation of real estate, the company already had outstanding obligations to creditors.
The cassation annulled the judicial acts in part and refused to satisfy the application, since at the date of the donation the company had no creditors, to exclude the possibility of obtaining execution at the expense of this property, the debtor's actions on the gratuitous alienation of real estate to the children of the head could be directed.
Since these actions were not the reason for the objective bankruptcy of the company, the conclusions of the courts should be recognized as inconsistent with the factual circumstances of the case.
Bringing the children of the debtor's supervisor jointly and severally to subsidiary responsibility for the failure of the debtor's documents and property by the supervisor himself is not based on the norms of law and is erroneous.
Photo: Freepik
30.06.2025
