THE SUPREME COURT ORDERED THE FOUNDER TO PAY FOR THE BANKRUPTCY PROCEDURE OF HIS COMPANY

If the bankrupt company does not have the funds to finance the procedure, then the founders are obliged to pay for the auction, the services of the manager and other court costs. The corresponding decision was made by the Supreme Court (SC) in the case of the insolvency of LLC "Tevos".

So, its founder was obliged to pay for the bankruptcy procedure of the company. The company filed for its own bankruptcy in November 2018. The Arbitration Court of the Arkhangelsk Region initiated a case and in December introduced a monitoring procedure. But the debtor did not have the funds to conduct bankruptcy, and in April 2019 the case was discontinued.

Natalia Savelyeva, appointed manager, could not receive payment for the procedure and in January 2020 sued 140.4 thousand rubles from the debtor. At the same time, it was not possible to recover the amount, then the woman asked the court to impose these costs on the head and sole participant of the company Dmitry Finozhenkov. The arbitration courts of three instances rejected her claim, then Savelieva appealed to the Supreme Court, the economic board of which canceled the decisions and recovered the amount from Finozhenkov.

Lawyers reacted positively to this practice, since the position of the courts that rejected the claim puts managers in an unfavorable position. Such a decision of the Supreme Court, according to experts, made it possible to prevent an error and will protect the rights of managers in the case of other non-monetary procedures.