THE SUPREME COURT OF RUSSIA WILL CONSIDER A CLAIM FOR SUBSIDIARY LIABILITY OUT OF BANKRUPTCY PROCEEDINGS

The case to bring the persons controlling the debtor to subsidiary liability was transferred to the Economic Board of the Supreme Court of Russia at the request of one of the creditors. The peculiarity of the application is that it was filed after the court terminated the insolvency case of the debtor company.

The reason for the termination was the lack of funds of a potential bankrupt to carry out the procedure.

At the same time, the courts of three instances consistently rejected the claims of the applicant, having referred to the allegedly available opportunity for him to initiate the prosecution earlier, at the time of the bankruptcy case consideration. 

At the same time, the applicant pointed to the fact that the bankruptcy procedure was not introduced, and the courts, by their actions, in fact, deprived him of the opportunity to protect his rights.

An additional argument was the reference to the resolution of the Plenum of the Supreme Court of Russia of 2017 No. 53, according to which, if the bankruptcy proceedings were terminated even before the introduction of the first insolvency procedure, the applicant has the right to file a separate claim on attracting persons controlling the failed debtor to the subsidiary liability. In such a case, it is important that the debt to the creditor is confirmed by a court decision, as in the case under consideration.

The consideration of the application by the economic board of the Supreme Court of Russia is scheduled for June 3rd.