THE COURT DEFENDED THE HEAD OF DEBTOR IN THE CASE OF RECOVERY OF DAMAGES

Within the framework of the bankruptcy case of the debtor - after his recognition as insolvent and the commencement of the bankruptcy proceedings, the insolvency manager applied to the court. He demanded to recover the damages from the head of the bankrupt company.

The manager accused the head of debtor of unlawful actions and causing multimillion-dollar losses to his company, which resulted in a tax offense in the form of deducting funds paid to shadow companies.

The Court of the First Instance and the Court of Appeal upheld the statement, satisfying the manager's claim.

However, the District Court doubted the accuracy of the colleagues' decisions and here's why. Determining the range of issues to be proved in this case, the District Court named the following:

-          the fact of unlawfulness of actions or inaction of the head of debtor;

-          the fact, as well as the amount of damage caused;

-          the presence of a causal relationship between the incurred losses and the actions of the head of debtor;

-          the guilt of the head of debtor.

In this case, the absence of guilt must be proved by the head of debtor himself (herself).

If at least one of the points is not proven in court, it is impossible to talk about the satisfaction of the claims.

In the case under consideration, the court found insufficient evidence, in connection with which the case was sent for re-examination to the Court of the First instance (decision of August 31, 2020 No. Ф09-4089 / 19).