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THE COURT MUST ESTABLISH THE AMOUNT OF DAMAGES FROM THE MANAGER FOR FAILURE TO GRANT A SUBSIDY

... this case, in fact, having presumed the impossibility of replenishing the debtor's bankruptcy estate for the amount of possible subsidiary liability of the persons controlling the debtor, and also pointing to the failure of the manager to provide evidence ... ... appropriate amount, the courts incorrectly distributed the burden of proof, freeing the authorized body from proving the amount of damages to be reimbursed.

CASSATION REMINDED OF THE DIFFERENCE BETWEEN SUBSIDIARY AND LOSSES

The manager applied to the court for recovery of damages from the debtor's beneficiary (case no. A41-13557/21). In support of the application, it was pointed out that the defendant was the chairman of the debtor's management board, who in turn managed the apartment building. At the same time, the ...

THE CASSATION RECLASSIFIED THE SUBSIDY INTO LOSSES

... Resolution of the Plenum of the Armed Forces of the Russian Federation No. 53 of December 21, 2017. It explained that the arbitration is obliged to independently assess each specific case, deciding which sanctions should be applied: contained in the rules on damages (Articles 15 and 393 of the Civil Code of the Russian Federation) or related to subsidiary liability in bankruptcy (Article 61.11 of the relevant law). As a result, the court ruled that the requirements of the bankruptcy trustee must be reclassified, without relying on the type of responsibility and the rules of law that he used ...

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