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

The creditor applied to the court to hold the controlling person vicariously liable (case no. A43-28416/20). In rejecting the application, the courts of ... ... 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 ...

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

... defendant under lease agreements. In the circumstances described, the district court concluded that the courts' conclusion that the transaction was substantially unprofitable, which led to the debtor's insolvency, was unjustified. The conclusions of the courts on the creation of a scheme for accumulating all income from business activities in the accounts 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 amount of income received by the lessor, taking into account the bearing of the expenditure part for the payment of mandatory payments and other related expenses of ...

THE DAUGHTER OF THE EX-OWNER OF A NETWORK OF TIRE CENTERS IN UFA WAS INVOLVED IN A SUBSIDIARY

... received the status of bankrupt. By the time of bankruptcy, the amount of the company's debt to creditors exceeded 1.2 billion rubles. The beneficiary of the company, Andrey... ... included not only the transfer of assets, but also the staging of a fire. According to the court, the Taganka company (CJSC), affiliated with the Smyshlyaevs, received a batch... ... convicted businessman, his business partner Lilia Akhmetova was also involved in the subsidiary. In a separate proceeding, the court also imposed a penalty in the amount...

THE COURTS HAVE ATTRACTED BANKERS TO A SUBSIDY OF 463 BILLION

In the first 6 months of 2024, the Deposit Insurance Agency brought former bankers to subsidiary liability for a total amount of over 460 billion rubles. In total, the Deposit Insurance Agency managed to recover 77 billion in losses. According to the agency's press service, in the first half of this year, claims in the amount of 234 billion ...

THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... bankrupt in June 2019. As part of the 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 ...

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

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A67-9420/20). The courts of two instances refused to satisfy the application, recognizing as erroneous the claim that the funds received from 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 ...

ACCUSED OF MURDERING THE EX-SENATOR'S PARTNER, HE WAS INVOLVED IN A SUBSIDY FOR 3 BILLION

... amount of which amounted to over 1.1 billion. This caused major damage to the company. On November 28, 2024, the arbitration court considered the application of the bankruptcy trustee representing the interests of Uralstroyneft's creditors. Raiffeisenbank,... ... the organization, including Saveliev, in the subsidy. It is known that the subsidy is used in cases where the assets of the debtor company are not enough to cover the debts. In this case, KU and the creditors believe that it was the conscious actions ...

EX-BENEFICIARIES OF SEVERSTROY PARTNER WERE INVOLVED IN THE SUBSIDY

....A75-20726/2019). As a result, the ex-beneficiaries of the company, Bogdan Nestor and Andrei Kopaigora, were involved in the subsidiary. Together with them, the financial responsibility will be shared by the ex-head of the company Svetlana Panteleeva. According to the court, their actions made it impossible to satisfy the organization's obligations to creditors. At the very beginning of the ... ... 2.9 billion, and a year later – 2.3 billion. But since the middle of 2017, the organization has increasingly found itself in debt to counterparties. As a result, through arbitration, it was established that the accounting data did not correspond to the ...

NOT ALL BANK MANAGERS WILL BE INVOLVED IN THE SUBSIDY

The manager appealed to the court with an application to bring the bank's controlling persons to subsidiary liability (case No. A40-148648/16). The courts of two instances satisfied the application, guided by the fact that ... ... Regulations on the Procedure for the Formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debt, approved by the Bank of Russia, on the relevant date. The manager did not provide explanations indicating episodes of unprofitable ...

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 and the impossibility of returning funds to the bankruptcy creditor ...

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