In which case the non-transfer of the debtor's documentation does not threaten the subsidiary

The Arbitration Court of the North-Western District considered a case involving the subsidiary of the ex-head of the debtor, who did not transfer the necessary documents to the anti-crisis manager of the company. In the first and appellate instance, the application was satisfied, but the board of the district urged not to rush to such conclusions.

As arguments about not being held liable by the cassator, it was stated that the debtor company had not been operating for several years, had no movements on the accounts and submitted reports with zero indicators.

The debtor also did not have any property and fixed assets.

The District court found that the applicant had not disclosed the adverse consequences resulting from the non-transfer of the debtor's documents he had requested. The manager should have justified how the actions of the former head made it difficult to replenish the bankruptcy estate, but he did not do this.

Consequently, it is unreasonable to talk about bringing the bankrupt director to subsidiary liability on such grounds, the application was refused (resolution of May 24, 2022 in case No. A56-86281/2019).