CREDITORS MAY BE CHARGED LOSSES FOR AN UNPROFITABLE BANKRUPT TRANSACTION

Losses for a transaction involving a recognized insolvent enterprise can be collected not only from its bankruptcy trustee, but also from creditors who approved it. The corresponding definition is contained on the website of the Supreme Court of Russia.

The court came to such conclusions during the bankruptcy proceedings of the Vyborg Timber Corporation, which belonged to Vyborg Ltd. The bank "Tavrichesky" was chosen as one of the creditors.

In 2018, the company was declared insolvent. On the eve of bankruptcy, her debt amounted to almost 14.92 billion rubles, however, she continued to work. In 2018 and 2019, the company's revenue grew, but in 2020 it fell, and in 2021 it turned out to be zero at all.

The Federal Tax Service considered that the company came to this state as a result of transactions from which MFC Capital and Severnaya Cellulose received money. Then the service decided to recover 663.96 billion rubles of losses from the persons controlling the bankruptcy of the enterprise: the above-mentioned organizations, the bank and the bankruptcy trustee Nikolay Vlasenko.

The courts of the first and appellate instance did not satisfy the applications of the Federal Tax Service. The cassation did not fully approve the decision of the lower courts. Then "Ingpro", Vlasenko and organizations appealed to the Supreme Court with cassation complaints. They noted that if it is proved that the damage to the enterprise was caused by the bankruptcy trustee and other persons, the responsibility equally lies with the entire group of harm-doers. The Supreme Court sent the case for a new review and instructed the lower authorities to understand the economic meaning of the processing scheme.

Photo: Freepik