THE RIGHT OF THE EX-DIRECTOR TO REVIEW THE DEBTOR'S TRANSACTIONS IN CASE OF THREAT OF SUBSIDIZATION

The applicant applied to the court for a review of the newly discovered circumstances of the court ruling, which invalidated the debtor's payments to the company (case no. A40-49490/23).

The courts of two instances refused to satisfy the application, since the circumstances referred to by the applicant are not newly discovered circumstances, since they were known to him at the date of the issuance of the judicial act, he knew about the trial and could submit documents to the court, and the submission of new evidence to the court cannot serve as a basis for reviewing the act on a new the circumstances that have opened up.

The cassation sent the dispute for reconsideration and pointed out the following:

Considering that the transaction for transferring funds to the company, along with other transactions of the debtor, is imputed to the applicant as the basis for bringing him to subsidiary liability. That is, the decision of the court of first instance to invalidate it can increase the amount of subsidiary liability of the controlling person. The provisions of the Bankruptcy Act, which was not taken into account by the courts in the present dispute, apply to the application of such a person for a revision of this definition due to newly discovered circumstances.

In the circumstances established by the courts of the first and appellate instances, as well as the arguments of the applicant of the cassation appeal, in the opinion of the judicial board of the court of cassation instance, a citizen who is not the last head of the debtor, dismissed long before the debtor was declared bankrupt, cannot be deprived of the procedural opportunity to defend their rights and prove the absence of grounds for declaring the said transaction invalid by filing an application on the revision of the relevant judicial act based on newly discovered circumstances.