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THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... process, on September 27, 2021, Lepikhov was involved in a subsidy. In addition, losses in the amount of 2.8 billion rubles were recovered from the entrepreneur. And a year ago (by a ruling dated August 29, 2023), the court determined the amount of subsidiary liability, adding a debt of 233.6 million to Lepikhov. Financial manager Diana Marenkova, who is dealing with the bankruptcy of a businessman, and his creditor BM-Bank filed petitions with arbitration in November 2023. They demanded to review the definition of the Khabarovsk arbitration, issued on September 27, 2021. The applicants considered that the businessman ...

YOU CAN'T BE RESPONSIBLE FOR THE SAME THING IN BANKRUPTCY CASES OF DIFFERENT COMPANIES

In the framework of the bankruptcy case (No. A40-41566/19), the manager filed an application for bringing to subsidiary responsibility the head of the logistics department of the debtor's parent company. Refusing to satisfy the application, the court of first instance proceeded from the fact that the actions (transactions) imputed to the defendant did not cause any significant harm, did not entail the bankruptcy of the debtor ...

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

... additionally paying the cost of building materials. The contract was never fulfilled, which forced Su Kim to go to the 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 rubles). However, the citizen did not receive any money from the company. Therefore, at the end of March 2021, she initiated the bankruptcy of the organization in the Sakhalin arbitration. In May 2021, the arbitration court took the company under surveillance, including Su Kim's claims in the register of creditors in the amount of more than 3.3 million rubles (case No. A59-1584/2021)....

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 which was the debtor, owed him a debt, but was subsequently excluded from the Unified State Register of Legal Entities due ...

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 liability for the debt of Finprombank ...

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... ... unfulfilled obligations to him. However, the court refused to recognize the institution as bankrupt, since autonomous institutions cannot be recognized as insolvent by law. The... ... 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...

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, this restorative claim was subsequently included in the debtor's register. The court of first instance ...

IF YOU ROB A MANAGEMENT COMPANY, YOU SHOULD EXPECT A SUBSIDY

... the funds received from the public were spent by the controlling persons at their own discretion in violation of the priority of satisfying creditors' claims. The cassation partially satisfied the application, since the target funds received by the debtor from consumers in the amount of were not transferred to resource-supplying organizations. The presence of established accounts payable to resource-supplying organizations indicates a violation by the debtor of the mandatory procedure for the distribution ...

FOR THE PERFORMANCE OF WORK THAT HAS NOT BEEN AGREED UPON WITH CONTRACTS, YOU CAN GET TO A SUBSIDIARY

... that was not provided for in the contracts, entailing an increase in the estimated cost of the work, which led to the fact that they were not paid. The judicial authorities have not given a legal assessment of such behavior of the former head of the debtor. In addition, the argument that the defendant did not take measures to recover the debt in court was ignored, which led to the refusal to satisfy the claims of the manager against the customer due to, among other things, the omission of the statute ...

ONLY FOR OBVIOUS LOSS-MAKING CAN YOU BE INVOLVED IN A SUBSIDIARY

... proceeded from the creation by the defendant of a business model of work, where the debtor was assigned the role of a "loss center", as well as receiving significant... ... out that the amount of creditors' claims included in the register according to the bankruptcy trustee's report was not comparable with the amount of rent actually received... ... of the lessor and obligations on the debtor, as sufficient to bring the defendant to subsidiary liability, taking into account the specific obligations of the case on the...

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