SIGNS OF IMAGINARY ENTREPRENEURSHIP IN BANKRUPTCY PROCEEDINGS

SIGNS OF IMAGINARY ENTREPRENEURSHIP IN BANKRUPTCY PROCEEDINGS

SIGNS OF IMAGINARY ENTREPRENEURSHIP IN BANKRUPTCY PROCEEDINGS
The financial manager appealed to the court with a demand to the entrepreneur to recover funds to compensate for the losses caused (case no. A70-11640/23).

In refusing to satisfy the manager's application, the courts of two instances proceeded from the impossibility of applying the provisions of the law on bankruptcy of legal entities to the claims; the absence of grounds for bringing the defendant to civil liability in the form of damages; termination of entrepreneurial activity by the debtor by virtue of the law; lawful behavior of the defendant engaged in the same commercial activity as the debtor previously; lack of evidence of affiliation between the debtor and the defendant.

The cassation sent the dispute for reconsideration, noting the debtor's long-term systematic receipt of income from certain activities; the simultaneous termination of this activity by the debtor and its continuation by another person who had previously had no relation to this type of business; the use of a new entrepreneur's current account mainly near the debtor's place of residence; atypical interaction between the parties (mutual transfers of funds, the work of the debtor's relatives); the absence of objective reasons for such a coincidence of actions.

 

Photo: Freepik

06.02.2026