YOU CAN ALSO TRANSFER DOCUMENTS TO THE MANAGER THROUGH ELECTRONIC DOCUMENT MANAGEMENT.

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A40-267103/21).

The courts of two instances, partially satisfying the application, were guided by the fact that one of the defendants had not been provided with the debtor's documents, which made it impossible (or difficult) to collect the receivables and challenge the contracts. The courts also pointed out that the absence of assets should be regarded as deliberate actions by the debtor's controlling person to dispose of the debtor's liquid assets.

The cassation sent the dispute for reconsideration in part, concluding that the courts mistakenly set the date of the debtor's objective bankruptcy and did not take into account the impact of the COVID-19 pandemic and related restrictions on the debtor's restaurant activities.

In addition, the courts did not take into account the fact of the transfer of documentation through the electronic document management system and did not consider the transfer of paper documents.