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THE EXPENSES OF THE MANAGER CAN BE COMPENSATED BY THE ASSIGNMENT OF A SUBSIDY

... manager (AU) and replacing it with a claim to subsidiary defendants. The courts of two instances, refusing to satisfy the application, took into account the amount of debt owed to the arbitration administrator, on the one hand, and the amount of debt on subsidiary liability, on the other hand, and concluded that the proportionality of counter-enforcement was not proven. The cassation granted the application and pointed out that in this case the manager's claim to the debtor exceeds the real value of ...

THE APPEAL ATTRACTED THE FORMER DEPUTY CHAIRMAN OF THE BOARD OF TATFONDBANK TO THE SUBSIDIARY

The Court of Appeal (11th AAC) did not review the decision made earlier in the Tatfondbank bankruptcy case against Rustam Khakimov. The court recognized the legality of bringing the former top manager to subsidiary responsibility. The initiator of the lawsuit was the Deposit Insurance Agency (DIA), the bankruptcy trustee in case No. A65-5821/2017. Eight persons were previously involved in the subsidiary, under whose control the activities of the credit institution were. The basis for this was "technical"...

IN CASE OF OVERPAYMENT TO THE BUDGET, THE SUBSIDIARY DEFENDANT IS ENTITLED TO COMPENSATION

The company appealed to the court with a statement of claim to the tax service. She demanded to be reimbursed for the wrongly made tax payments. In order to execute the judicial act - imposing on the company a joint obligation to repay the Company's debt to its creditors - the plaintiff deposited the necessary amount to the inspection account. Due to an error in the execution of a payment order to repay the debt (specifying incorrect details of the INN and KBK), the company re-made the payment to...

THE COP HAS PUBLISHED A REVIEW OF THE PRACTICE FOR 2023

... positions from the decisions of the Constitutional Court adopted last year, some of which relate to bankruptcy. For example, in paragraph 42, the Constitutional Court recalled the decision on the issue of bringing persons controlling the company to subsidiary liability in court proceedings in case of exclusion of the company from the Unified State Register of Legal Entities, namely, a simplified procedure for proving the existence of grounds for prosecution. Paragraph 58 is devoted to the position ...

TAX PENALTIES ARE NOT INCLUDED IN THE SUBSIDY

... including by the founder and the commercial director of the debtor, there was an increase in accounts payable to the authorized body. The position of the District Court The District Court changed the judicial acts of lower instances, reducing the amount of subsidiary liability (Resolution of the AC MO of 12.01.24 in case No. A40-154442/2021). In forming its position, the court stated the following: • Responsibility is of a delicate nature, accordingly, it is required to establish all the circumstances of ...

THE SUBSIDY INCLUDES THE REMUNERATION OF THE MANAGER

... indicated by the arbitration court of the appellate instance of Russian Railways, objecting to the claims of the arbitration manager, referred to the fact that the costs of remuneration to the arbitration manager are subject to recovery by bringing to subsidiary liability. • Due to the provisions of the Bankruptcy Law, the debt on court costs in the bankruptcy case and remuneration to the temporary and bankruptcy trustee was subject to inclusion by the bankruptcy trustee in the amount of subsidiary ...

THE LIMITATION OF THE SUBSIDIARY DEFENDANT'S RIGHT TO LEAVE MAY BE REFUSED IF SUCH DEPARTURE IS NECESSARY FOR HIM

In the framework of the bankruptcy case of a citizen (No. A40-67277/20), the creditor (the bank whose subsidiary defendant is the debtor) applied for a restriction of the debtor's right to travel outside the territory of the Russian Federation. The courts of two instances refused to satisfy the claim, but the cassation did not agree with them and satisfied the application based on the following: "The restriction of the debtor's right to travel outside the territory of the Russian Federation...

THE FACT OF THE RECOVERY OF FUNDS BY THE COURT DOES NOT INDICATE COMPENSATION FOR DAMAGE

The arbitration manager filed an application to the court to bring the beneficiaries of the debtor organization to subsidiary liability. The position of the first instance and the appeal The application was refused by the courts of the first and appellate instances. Arguing its position, the court of first instance was based on the manager's omission of the statute ...

THE BENEFICIARY OF THE FISH PROCESSING PLANT IS THREATENED WITH A SUBSIDY

On October 24, 2023, the coordinating distribution center (CRC) EFKO-Cascade appealed to the court. The petition was sent to the arbitration of St. Petersburg and the Leningrad Region in the framework of the bankruptcy case "ROCK-1" (No. A56-112112/2022). In it, the creditor of the largest fish processing enterprise in the north-west demanded that the owner of ROCK-1, Alexander Starobinsky, be held accountable. The court accepted the petition of the CRC for consideration. On November...

THE APPEAL CONFIRMED THE DECISION ON THE SUBSIDY FOR THE DEBTS OF FINPROMBANK

The dispute on subsidiary liability for the debts of a credit institution totaling about 30 billion rubles has been conducted since 2019. The Court of Appeal agreed with the Moscow Arbitration Court on the issue of bringing entrepreneur Andrey Barinov to subsidiary ...

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