RusBankrot
We know everything about bankruptcy
16/05/2025
Friday
THIS DAY IN HISTORY:
16 May 
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
16 May
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The Russian poet Joseph Brodsky was ordered to leave the USSR.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The decision was made to begin the “cultural revolution” in China.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
1970 The first film awards, which were later called the Oscars, were issued in Hollywood.
FEATURES OF RECOVERY OF LOSSES FROM THE SOLE PARTICIPANT OF THE DEBTOR
The manager applied to the court for recovery of damages from the controlling person (case no. A44-2790/21).
The courts of two instances partially satisfied the application, referring to the evidence of the fact that losses were caused to the debtor as a result of the unfair actions of its head, expressed in the undocumented expenditure of the company's funds on its business activities, as well as in the failure to take measures for the timely recovery of receivables.
The cassation referred the dispute for reconsideration and noted that in the case under consideration, the aggregate amount of the debtor's outstanding obligations to creditors is significantly less than the amount of damages being recovered.
Filing a claim for recovery of losses exceeding the claims of the debtor's creditors may be aimed at leveling the losses of the debtor himself, that is, declared in the interests of persons entitled to receive a liquidation quota. Meanwhile, as can be seen from the case materials, in the case under consideration, the defendant is the only participant in the debtor.
The courts of two instances partially satisfied the application, referring to the evidence of the fact that losses were caused to the debtor as a result of the unfair actions of its head, expressed in the undocumented expenditure of the company's funds on its business activities, as well as in the failure to take measures for the timely recovery of receivables.
The cassation referred the dispute for reconsideration and noted that in the case under consideration, the aggregate amount of the debtor's outstanding obligations to creditors is significantly less than the amount of damages being recovered.
Filing a claim for recovery of losses exceeding the claims of the debtor's creditors may be aimed at leveling the losses of the debtor himself, that is, declared in the interests of persons entitled to receive a liquidation quota. Meanwhile, as can be seen from the case materials, in the case under consideration, the defendant is the only participant in the debtor.
18.12.2024
