THE LIMITATION PERIOD OBJECTIONS APPLY TO ALL APPLICATIONS FOR INVOLVEMENT IN THE SUBSIDY

THE LIMITATION PERIOD OBJECTIONS APPLY TO ALL APPLICATIONS FOR INVOLVEMENT IN THE SUBSIDY

THE LIMITATION PERIOD OBJECTIONS APPLY TO ALL APPLICATIONS FOR INVOLVEMENT IN THE SUBSIDY
The tax service and the manager appealed to the court with applications to bring the former managers and founders of the debtor to subsidiary liability (case no. A57-23068/18).

The courts of two instances, satisfying the statement of the manager, proceeded from the fact that the defendants, through their unfair actions, transferred the debtor's funds to a duplicate company, forming a loss center on the basis of the debtor.

In rejecting the application, the district court noted the following:

The courts did not see any grounds for applying the statute of limitations on the application of the bankruptcy trustee, indicating that the relevant application was not filed by the specified defendants.

At the same time, the tax service and the manager asked to hold former managers vicariously liable for participating in the withdrawal of the debtor's assets, transferring the business to a stand-in, organizing the debtor as a loss center, as well as for failing to file an application for declaring the debtor bankrupt.

The defendants announced that they had missed the limitation period for claims to bring them to subsidiary liability for the obligations of the debtor.

Thus, the cassation recognized the erroneous conclusions of the courts that the specified statements about the omission of the limitation period do not apply to the claims of the debtor's manager acting in the interests of the creditor community, since the claim for subsidiary liability is a group indirect claim. It also does not depend on who filed a claim for subsidiary liability, the statement of limitation period omission made by the defendant applies to all applicants of an indirect claim.


Photo: Freepik


08.04.2024