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THE SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT

The bankruptcy process of Finprombank (case no. A40-196703/2016) turned into subsidiary liability for Andrey Barinov, the former head of the Customs Card company, who managed the organization from the end ... ..., the bank received only a share in the "Customs Card", estimated at 142 million, writing off about 2.3 billion of debt from its balance sheet. Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former ...

THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

The Economic Board (Judicial Board for Economic Disputes) of the Supreme Court of the Russian Federation considered Su Kim's complaint on July 2, 2024. The woman filed a lawsuit, which she conducted ... ... Yuzhno-Sakhalinsk City Court. The latter sided with her, terminating the contract and collecting from the defendant the principal debt (1,392,293.15 rubles), a penalty (802,869 rubles), a fine (1,100,08,07 rubles) and compensation for moral damage (5 thousand ...

SUPREME COURT: WHEN ATTRACTING A SUBSIDIARY FOR UNPROFITABLE TRANSACTIONS, IT IS NECESSARY TO EVALUATE THE TRANSACTIONS THEMSELVES

... property damage, which entailed the impossibility of settlements with creditors. The Supreme Court of the Russian Federation sent the case for a new review and noted that... ... transactions imputed by the agency were significantly unprofitable based on the scale of the debtor's activities. The courts did not properly investigate the circumstances included... ... not reflected in the judicial acts. Thus, for the correct resolution of claims for subsidiary liability, the courts should have established for each of the episodes which...

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

... appealed to the court with a demand to recover funds from the municipality in the order of subsidiary liability for the obligations of an autonomous institution whose property... ... institution (with the exception of obligations related to causing harm to citizens). The Supreme Court of the Russian Federation did not agree with this approach and noted that... ... years) to the plaintiff to pay for the supplied thermal energy, the inability to collect debts due to the lack of property that can be foreclosed on, lead to a violation of...

IF THE HEAD OF A COMPANY EXCLUDED FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES IS BANKRUPT, THE SUBSIDY WILL BE CONSIDERED IN HIS CASE

The creditor applied to the court for the inclusion of the claim in the register of the debtor-citizen (case no. A41-76337/21). In substantiation of the claim, the creditor pointed out that the company, the head of ... ... opportunity to control the decisions taken by the tax service, but did not dispute the entry of the exclusion of the company. The Supreme Court referred the creditor's complaint to the board, noting that the circumstances established by the courts are sufficient ...

YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR

... legal nature, which, in turn, makes it possible to file claims against the debtor on each of the grounds. Based on this, the courts concluded that the bank's claims from the guarantee agreements are justified and should be included in the register. The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights to a citizen, security rights under surety agreements were transferred to him. The Bank announced the inclusion of an already assigned claim in the register, which ...

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