IF YOU ROB A MANAGEMENT COMPANY, YOU SHOULD EXPECT A SUBSIDY

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A67-9420/20).

The courts of two instances refused to satisfy the application, recognizing as erroneous the claim that the funds received from the public were spent by the controlling persons at their own discretion in violation of the priority of satisfying creditors' claims.

The cassation partially satisfied the application, since the target funds received by the debtor from consumers in the amount of were not transferred to resource-supplying organizations.

The presence of established accounts payable to resource-supplying organizations indicates a violation by the debtor of the mandatory procedure for the distribution of funds.

The defendant not only did not seek to restore the debtor's profitability, which would have allowed satisfying creditors' claims, but also created the prerequisites for avoiding settlements and increased the debt burden.