SOMETIMES THE MANAGER MAY RESPOND WITH LOSSES TO THE CONTROLLING PERSON

The court of first instance refused to satisfy the claims, recognizing them as unfounded.

The court of appeal, having considered the clarified requirements (on recovery of losses, the obligation to re-inventory, redistribution of proceeds from auctions and contesting auctions) according to the rules of the first instance, concluded that the application was refused.

The cassation sent the dispute for a new appeal hearing, pointing out that, contrary to the conclusions of the Court of Appeal, the fulfillment of the obligation to file an application for inclusion in the register of creditors' claims based on an application for subsidiary liability, with the omission of the statutory deadline, cannot be recognized in good faith and reasonable.

With regard to the circumstances of the separate dispute under consideration, the manager requested that the applicant be held vicariously liable, the court ruling recognized as proven the existence of grounds for bringing the named person to vicariously liable for the obligations of the debtor. However, the manager applied for the inclusion of this requirement in the bankruptcy case of the applicant himself with a two-month delay and without justifying valid reasons for its restoration, which served as the basis for refusing to include the requirement in the third stage of the register.