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

... 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 ...

Tax officials clarified what will help to reduce subsidiary liability

... allow collecting additional funds to the bankruptcy estate. Among them there may be information about the real managers of the debtor, and about hidden property, which can be foreclosed. At the same time, when making a decision to reduce the amount of subsidiary liability for a nominal head, the court must take into account how useful the information provided by him turned out to be in the case of restoring the violated rights of creditors, as well as compensating for property losses incurred by them. This methodology was used, in particular, when the courts considered a number of cases ( А72-19497/2019 , А72-9437/2020 , А72-582/2021 ). As for the right to initiate a process ...

Supreme Court of Russia indicated the case of abolition of subsidiary liability

... court of appeal. The trio of judges noted that there was a corporate dispute between a former member of the company and its current leader. In such a situation, the subsidiary liability of the latter could not become an instrument in the hands of the creditor. Consequently, the bringing of the head of debtor to subsidiary liability was not justified, and the decisions made by the court of first instance and the district court were subject to cancellation ( decision № 305-ES21-25552 of April 7, 2022).

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

... District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision was considered erroneous in cassation. The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary liability and referred to several circumstances at once. Among them, there were untimely transfer of the debtor's documentation, causing harm to creditors by a number of transactions and failure to file a bankruptcy petition in a situation where there was a debt to one of the creditors. The judges of the first and appeal instances considered the circumstances listed by the trustee to be proven ...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CLAIM FOR SUBSIDIARY LIABILITY OUT OF BANKRUPTCY PROCEEDINGS

... No. 53, according to which, if the bankruptcy proceedings were terminated even before the introduction of the first insolvency procedure, the applicant has the right to file a separate claim on attracting persons controlling the failed debtor to the subsidiary liability. In such a case, it is important that the debt to the creditor is confirmed by a court decision, as in the case under consideration. The consideration of the application by the economic board of the Supreme Court of Russia is scheduled for June 3rd.

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

... to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected the claims of the manager, citing the ... ... Subsequently, the proceedings on this bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager again filed an application for prosecuting ...

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