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COURT NOTICE ? SENDING A COPY OF THE APPLICATION TO THE DEFENDANT

As part of the bankruptcy case, the company appealed to the court against the decision to declare the debtor bankrupt regarding the inclusion of the creditor's claim in the register (case No. A58-7278/23). The Court of Appeal refused to restore the time limit for appeal, concluding that the applicant was aware of the existence of an application for bringing him to subsidiary liability from the moment he received the mail from the creditor. The cassation sent the dispute for a new appeal, noting that the court of appeal limited itself to establishing the fact that the company had received an application for subsidiary ...

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 ...

THE FACT OF THE RECOVERY OF FUNDS BY THE COURT DOES NOT INDICATE COMPENSATION FOR DAMAGE

The arbitration manager filed an application to the court to bring the beneficiaries of the debtor organization to subsidiary liability. The position of the first instance and the appeal The application was refused by the courts of the first and appellate instances. Arguing its position, the court of first instance was based on the manager's omission of the statute ...

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 (case no. A40-196703/2016). The businessman is a former CEO and co-owner of the customs payment operator "Customs Card". The amount of his responsibility was previously estimated at 29.5 billion rubles. In June of this year,...

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

.... 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 ...

THE DISTRICT COURT INTRODUCED INTERIM MEASURES TO THE PROPERTY OF THIRD PARTIES UNDER THE SUBSIDY

In the bankruptcy case of the Express-Credit commercial bank (No. A40-235392/16), the issue of taking interim measures against third parties arose. The courts of two instances rejected the relevant request of the bankruptcy trustee, considering such a decision a violation of the rights of owners. However, the Arbitration Court of the Moscow District annulled the adopted judicial acts and introduced interim ...

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,... ... nominal head according to the law (Article 53 of the Civil Code of the Russian Federation) remains the controlling person of the debtor, that is, cannot be released from liability on such grounds. The general rule speaks about the joint responsibility 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,...

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 ... ... 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 ...

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