SUBSIDY FOR LATE BANKRUPTCY: WHAT NEEDS TO BE PROVEN?

The manager appealed to the court with a demand to bring the controlling person to subsidiary responsibility (case no. A40-104491/24).

The courts proceeded from the fact that the court's decision in another case established that the debtor's debt to the creditor amounted to an amount as of a certain date. In the future, the actual inability of the debtor to fully satisfy the creditors' property claims in full only increased, which is confirmed by the judicial acts that have entered into force. By the decision of the district court in another case, it was established that the debtor's debt to the bank under the agreement on opening a credit line as of a certain date amounted to the amount. 

In addition, a court decision in another case established that the debtor's debt to the company amounted to an amount as of a certain date; a court ruling in another case invalidated the transaction payments made by the company in favor of the debtor. The consequences of the invalidity of the transaction were applied: funds in the amount of were recovered from the debtor in favor of the company. In the framework of the present bankruptcy case, the above-mentioned creditors' claims are included in the register of creditors' claims of the debtor and have not yet been repaid. 

The cassation sent the dispute for reconsideration, pointing out that in the contested judicial acts, the courts only referred to judicial acts that either recovered debt amounts from the debtor or challenged transactions involving the debtor. However, such a statement (enumeration) of judicial acts is clearly insufficient to establish the existence of grounds for bringing the defendant to subsidiary liability or to recover damages. It should be noted that the manager's statement does not contain specific actions (inaction) imputed to the defendant, as a result of which it became impossible to repay creditors' claims.

 

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