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THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER A DISPUTE ON THE RECOVERY OF LOSSES CAUSED DURING A CONTROLLED BANKRUPTCY

... instance refused to satisfy the claims, and was supported by an appeal. The cassation partially disagreed with the conclusions of the courts, sending the dispute regarding the claims for a new consideration. As a justification for this approach, the courts pointed to the lack of proof of the composition of losses, as well as the impossibility of presenting a corresponding claim due to the absence of the status of beneficiaries of the debtor among the participants of the scheme. Not agreeing with the judicial acts, the creditor filed a cassation complaint ...

THE ACTUAL BENEFICIARY OF THE BUSINESS CAN RESPOND WITH LOSSES TO THE CONTROLLED PERSON IN HIS PERSONAL BANKRUPTCY

... accountable for losses caused to the company, the debtor must have a special legal status, namely, the debtor's entry into the management bodies of the company or into the membership of participants. At the same time, the above–mentioned position of the courts on the impossibility of recovering losses caused to the company from the person who caused them, only because he does not have the status of the head of such a company or its participant, cannot be recognized by the court as sufficient grounds for a formal refusal to satisfy the claims....

The loss of the possibility of collecting accounts receivable due to the fault of the manager entails losses

... present case and the statutory by a judicial act that has entered into force) – on the applicant's failure to prove the impossibility of collecting receivables into the bankruptcy estate of the debtor. In connection with the above, the conclusions of the courts on the absence of grounds for recovery of losses from the defendant in relation to the debtor's unclaimed receivables cannot be recognized as sufficiently justified and motivated. Similarly, the judicial board of the court of cassation instance cannot agree with the conclusions of the courts,...

LOSSES FOR THE PURCHASE OF NEW YEAR'S GIFTS FOR CHILDREN

The manager appealed to the court with an application for recovery of damages from his predecessor (No. A13-4512/13). The court of first instance refused to satisfy the application, the appeal overturned the ruling and satisfied the claim in part, guided by the fact that the defendant,...

THE DISTRICT COURT CONSIDERED THE RIGHT OF SUBSIDIARY DEFENDANTS TO CLAIM DAMAGES

... framework of a separate dispute on the involvement of a subsidiary. In August 2022, the Pharmaceutical Plus Analytics company, which is the bankruptcy creditor of Russo Chemi M, applied to the capital arbitration. The organization demanded to recover losses from several affiliated structures (Russo Pack, Russo Logistics, Russo Industrial, etc.), as well as from a number of individuals who controlled the activities of the bankrupt enterprise in the past. The court accepted the petition for production. Urumkanov and Zamyatina also sent petitions, asking to be recognized as co-applicants in the matter of recovery of damages. However, already at the end of October 2022, the court received a new petition from ...

A REQUIREMENT NOT PROVIDED BY LAW DOES NOT EXCLUDE ITS SATISFACTION BY THE COURT

As part of the bankruptcy case (No. А43-27511/14), an application was filed to declare the ruling of the arbitration court unenforceable. Earlier, the court invalidated the transaction for the transfer of bills between the debtor and the applicant. As a result of the applicant's failure to comply with the restitution claim, the court recovered damages from the former ...

THE ARBITRATION MANAGER OF THE LOGOCOMPLEX REQUIRES 63 MILLION FROM THE PREDECESSOR

... February 21, the Arbitration of Karelia declared him bankrupt (case A26-489/2023). In the application filed on January 17, 2023, the former Bankruptcy Trustee indicated the existence of a debt of 7,518,980.3 million, which arose due to the recovery of losses from him in connection with his work as an arbitration manager. Until August 1, the court introduced the procedure for the sale of his property. Photo by Freepik

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