We know everything about bankruptcy
04/01/2025
Saturday
4 January 
1985 The world's first child from a surrogate mother was born in London.
1985 The world's first child from a surrogate mother was born in London
1948 The independence of Burma was declared.
1948 The independence of Burma was declared
1943 The American magazine "Time" named Stalin the man of the year.
1943 The American magazine "Time" named Stalin the man of the year
THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE
The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary liability and referred to several circumstances at once.
Among them, there were untimely transfer of the debtor's documentation, causing harm to creditors by a number of transactions and failure to file a bankruptcy petition in a situation where there was a debt to one of the creditors.
The judges of the first and appeal instances considered the circumstances listed by the trustee to be proven and brought the former head of debtor to justice, but the district court indicated that the conclusions were premature.
It was noted by the cassation that the argument about the untimely transfer of documentation requires verification, since on the basis of these documents the trustee challenged a number of transactions, and additional funds were transferred to the bankruptcy estate. Regarding the harm caused to creditors by the commission of a number of transactions, it was noted that the named agreements were contested by the trustee and declared invalid. As for the late filing of the company's bankruptcy petition, the district court indicated that such a conclusion was mistakenly made without a full and comprehensive study of the circumstances of the case.
Now, the court of first instance will have to work on the errors in the framework of re-consideration of the case (decision in case ¹ A56-28344 / 2014 of July 21, 2021).
