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THE COURT FOUND THE EX-DIRECTOR'S RELEASE FROM LIABILITY UNCONVINCING

On March 13, the Arbitration Court of the Moscow District issued a ruling on the cassation appeal sent to the court by Irina Laricheva and VTB Bank. In it, Laricheva (KU "Peresvet-Real Estate") and VTB (lender) asked the court to review the verdicts of the capital arbitration and appeals adopted on October 17, 2022 and December 23, 2022. In them, the lower courts refused to involve the ex-head of the firm Olga Dubrovina in the subsidiary (case no. A41-20380/18). The company was granted...

THE SUBSIDIARY DEFENDANT HAS NO RIGHT TO DEMAND THE EXCLUSION OF THE CREDITOR FROM THE REGISTER

... ruling of the first instance, the cassation noted the following: "Firstly, the claim, the exclusion of which the applicant requested, belonged to an affiliated creditor and was subordinated in the register, therefore its size was not included in subsidiary liability. Secondly, the decision of the Constitutional Court of the Russian Federation indicated by the appeal, the beneficiaries were indeed granted the right to appeal against the rulings on inclusion in the register of creditors' claims....

ANATOLY CHUBAIS IS THREATENED BY A SUBSIDY

Kirill Nogotkov, the bankruptcy trustee of the capital firm "Lira", representing the SIRIUS AU Association, demanded that Anatoly Chubais, the ex-head of Rusnano Group of Companies, be involved in the subsidy. Nogotkov believes that the organization was illegally used to participate in a fraudulent financial transaction that allowed Chubais to purchase a residential complex in Moscow Alterations. A large sum of money received from SFO Concept AG from Switzerland was invested in the construction...

ARBITRATION REFUSED A SUBSIDY FOR 1.3 BILLION DUE TO MISSED DAYS

The appellate instance, which considered the decision of the Sverdlovsk arbitration, supported the colleagues and did not involve the former heads of the Alapaevsky Metallurgical Plant (JSC AMZ) to subsidiary liability. The petition for this was previously submitted by the bankruptcy trustee. Recall that AMZ received the status of an insolvent company in 2018. The initiator of the process was Mikhail Dmitriev, who demanded 1.1 billion rubles from ...

CASSATION REMINDED OF THE DIFFERENCE BETWEEN SUBSIDIARY AND LOSSES

The manager applied to the court for recovery of damages from the debtor's beneficiary (case no. A41-13557/21). In support of the application, it was pointed out that the defendant was the chairman of the debtor's management board, who in turn managed the apartment building. At the same time, the defendant issued double receipts for payment of housing and communal services to the owners of an apartment building and, accordingly, collected funds from the owners to open settlement accounts in banks...

CDL OF THE ALEKSEEVKA HIMMASH PLANT CALLED FOR A SUBSIDY

... fell under the subsidy are the main beneficiary of the company, Alexander Parkhomenko, several companies owned by him and his daughter, as well as the former head of the plant, Sergei Ilminsky. So far, the consideration of the claim for bringing KDL to subsidiary liability has been suspended. As usually happens in such cases, the court needs to wait until the settlements with creditors are completed. Only after that it will be possible to establish the amount of financial responsibility. Recall that ...

THE FACT OF MAKING UNPROFITABLE TRANSACTIONS IS NOT ENOUGH FOR A SUBSIDIARY

In the framework of the bankruptcy case (No. A41-58284/15), the courts considered applications for bringing the debtor's beneficiaries to subsidiary liability. The former head of the debtor was listed among the defendants. In its part, the statement was justified by the fact of two transactions: an indemnity under which 2 apartments of the debtor were transferred to an individual, and an ...

SUBSIDIARY AFTER EXCLUSION FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES: THE DEFENDANT NEEDS TO JUSTIFY HIMSELF

... And although there were no contradictions with the Constitution of the Russian Federation in the norms themselves, the Constitutional Court explained to the judges exactly how they should be applied. The law deals with the possibility of collecting subsidiary liability from the debtor's CDL (persons controlling the debtor) in the event that the insolvency was the result of their actions (or omissions). But what to do in cases when there are no funds for conducting judicial procedures, and the organization ...

IGUMNOV GROUP LAWYER: THE CONSTITUTIONAL COURT REALLY EXPANDS THE OUT-OF-BANKRUPTCY SUBSIDY

... bankruptcy and separate disputes of Igumnov Group, lawyer Vadim Makarichev, called the ruling of the Constitutional Court 6-P of 07.02.2023 significant, which interprets paragraph 1, paragraph 12 of Article 61.11 of the Bankruptcy Law (non-bankruptcy subsidiary liability). In its position, the Constitutional Court expands non-bankruptcy subsidiary liability and redistributes the burden of proof. The essence of the matter was as follows. The sole proprietor collected money from the company, but instead ...

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

In the framework of the bankruptcy case (No. A40-34123/19), the courts considered the application of the manager for bringing the former director of the debtor to subsidiary liability. In support of the application, the manager referred to the fact that in the framework of the bankruptcy case of one of the debtor's creditors, the transaction on the transfer of funds by the debtor in favor of the creditor was challenged,...

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