District Court indicated when the director’s subsidiary liability may be reduced

The Arbitration Court of the Ural District considered the case on the complaint of the former head of the debtor, whose claim to reconsider the judicial act due to newly discovered circumstances was rejected by the lower courts. The applicant had previously been brought to subsidiary liability and asked to take into account the fact of the sale of the revealed property of the debtor, which could have affected the amount of claims against him.

Refusing to satisfy the application, the court of first instance indicated that the sale of a part of the debtor's property is not newly discovered circumstances.

The judicial board of the appeal instance, supporting this position, indicated that the discovered funds went to pay off the current payments, but not to settle with creditors.

In this regard, the revealed property would not affect the amount of subsidiary liability in any way.

However, the district court looked at the situation differently, recalling that the amount of subsidiary liability of the former director of the debtor was determined on the basis of both the claims of creditors and the aggregate amount of current payments, which include the manager's remuneration.

In this case, in the opinion of the board, the legal situation can be resolved precisely by reconsideration of previously issued judicial act on subsidiary liability in relation to the applicant (decision № F09-7104 / 19 of September 10, 2021 in case № A60-46797 / 2016).