RusBankrot
We know everything about bankruptcy
10/01/2026
Saturday
THIS DAY IN HISTORY:
10 January 
2010 A new type of preventive measure – the house arrest was introduced in Russia.
2010 A new type of preventive measure – the house arrest, was introduced in Russia
1966 India and Pakistan signed a declaration to the end of the war.
1966 India and Pakistan signed a declaration to the end of the war
1863 The world's first subway line with a length of 3.6 km was launched in London.
1863 The world's first subway line with a length of 3.6 km was launched in London
10 January
2010 A new type of preventive measure – the house arrest was introduced in Russia.
2010 A new type of preventive measure – the house arrest, was introduced in Russia
1966 India and Pakistan signed a declaration to the end of the war.
1966 India and Pakistan signed a declaration to the end of the war
1863 The world's first subway line with a length of 3.6 km was launched in London.
1863 The world's first subway line with a length of 3.6 km was launched in London
THE FOREIGN BENEFICIARY AND THE ISSUE OF OBJECTIVE BANKRUPTCY
The manager requested that controlling persons be held vicariously liable for the debtor's obligations (case no. A40-239083/22).
In rejecting the application, the courts of two instances proceeded from the lack of evidence that the defendants' actions had become an objective cause of bankruptcy or had significantly worsened the debtor's financial condition. At the same time, it was taken into account that at the time of making the transfers, the debtor had no overdue debts.
The cassation sent the dispute for a new hearing, because, despite the fact that the courts of first instance and the appellate instances refused to satisfy the administrator's application, they did not investigate all the necessary circumstances of the case. The reasons for non-repayment of debts to creditors, including the requirements of the Federal Tax Service of Russia, as well as the reasons for the termination of the debtor's business activities, have not been established.
The manager presented arguments that the actual owners of the business were foreign persons who avoided solving the financial problems of the company. These arguments were not properly evaluated.
The reasons for the occurrence and period of debt owed to the Federal Tax Service of Russia, as well as the actions or omissions of the debtor's managers during the debtor's management, have also not been analyzed. The courts should have identified the debtor's ultimate beneficiaries, determined whether there were objective economic reasons for non-repayment of the debt, or whether the defendants intentionally terminated the debtor's activities, effectively "abandoning" him.
Photo: Freepik
In rejecting the application, the courts of two instances proceeded from the lack of evidence that the defendants' actions had become an objective cause of bankruptcy or had significantly worsened the debtor's financial condition. At the same time, it was taken into account that at the time of making the transfers, the debtor had no overdue debts.
The cassation sent the dispute for a new hearing, because, despite the fact that the courts of first instance and the appellate instances refused to satisfy the administrator's application, they did not investigate all the necessary circumstances of the case. The reasons for non-repayment of debts to creditors, including the requirements of the Federal Tax Service of Russia, as well as the reasons for the termination of the debtor's business activities, have not been established.
The manager presented arguments that the actual owners of the business were foreign persons who avoided solving the financial problems of the company. These arguments were not properly evaluated.
The reasons for the occurrence and period of debt owed to the Federal Tax Service of Russia, as well as the actions or omissions of the debtor's managers during the debtor's management, have also not been analyzed. The courts should have identified the debtor's ultimate beneficiaries, determined whether there were objective economic reasons for non-repayment of the debt, or whether the defendants intentionally terminated the debtor's activities, effectively "abandoning" him.
Photo: Freepik
26.12.2025
