THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION

THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION

THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION
The debtor's manager (case no. A40-58806/12) requested that the former head be held vicariously liable, indicating as a basis that the defendant had failed to file for bankruptcy of the company.

Following the results of the new review, the courts granted the application, pointing out that the defendant had not fulfilled the obligation to file the debtor's bankruptcy application in a timely manner.

The Supreme Court of the Russian Federation canceled judicial acts, refusing to satisfy the claim on the basis of the following:

The obligations under which the defendant was held accountable by the courts arose before the date of his appointment to the position of the debtor's general director.

At the same time, such a basis for bringing a person to subsidiary liability, as failure to file a debtor's bankruptcy application, assumes that only claims that arose after the date when such an application should have been filed can be included in the liability.


Photo: Freepik


20.01.2023