THE AMOUNT OF THE SUBSIDY DOES NOT INCLUDE THE REQUIREMENTS OF AFFILIATED PERSONS

The Arbitration Court of the Central District, based on the results of consideration of the cassation appeal in the bankruptcy case No. A08-2272/17, concluded that the claims of affiliated persons are not included in the amount of subsidiary liability.

The bankruptcy trustee filed an application for bringing the debtor's beneficiary to subsidiary liability, which was satisfied by the courts, and the dispute proceedings were suspended until the bankruptcy estate was formed.

After completing settlements with creditors, the manager applied with a request to determine the amount of liability, which was fully satisfied by the courts. The former Director General filed a cassation complaint against judicial acts, in which he asked to reduce the amount of liability by the amount of claims of a person affiliated with the debtor.

The cassation agreed with the arguments of the complaint, noting that when determining the amount of subsidiary liability of the former head of the debtor in an amount equal to the entire debt included in the register of creditors' claims, the courts limited themselves to indicating in judicial acts the data of the debtor's accounting statements.

In addition, the district court noted that the inclusion in the subsidiary liability of the claims of the debtor's participant based on advances under contract agreements is unlawful, reminding the lower courts that only the claims of independent creditors can be included in the subsidiary liability.

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