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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 ...

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

The plaintiff appealed to the court with a demand to recover funds from the municipality in the order of subsidiary liability for the obligations of an autonomous institution whose property is owned by the defendant (case no. A41-47568/22).... ... of its obligations (more than eight years) to the plaintiff to pay for the supplied thermal energy, the inability to collect debts due to the lack of property that can be foreclosed on, lead to a violation of the rights of the person obliged to supply ...

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

... the funds received from the public were spent by the controlling persons at their own discretion in violation of 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 accounts payable to resource-supplying organizations indicates a violation by the debtor of the mandatory procedure for the distribution ...

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

... that was not provided for in the contracts, entailing an increase in the estimated cost of the work, which led to the fact 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 to the refusal to satisfy the claims of the manager against the customer due to, among other things, the omission of the statute ...

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

... 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 ...

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

... Dok-Service and KapitalSib companies are among them. As a result, the court decided to involve a group of ex-managers and owners of 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 of the company's managers, including Saveliev, that led to the bankruptcy of Uralstroyneft. Recall that since August 2024, the ...

EX-BENEFICIARIES OF SEVERSTROY PARTNER WERE INVOLVED IN THE SUBSIDY

... years (from 2016 to 2018), the company has accumulated large assets. In 2016, their amount amounted to 1.4 billion, in 2017 – 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 actual situation of the enterprise. This eventually led to bankruptcy. The court drew attention to some transactions that were ...

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

In Bashkiria, Darina Smyshlyaeva, the daughter of the owner of the Taganka tire center network, was involved in subsidizing the obligations of the Russhina-Tyumen company. The court ordered her to repay the debt of the organization previously owned by her father. The final calculation of the amount of the penalty has not yet been determined. It will be established after the settlements of the bankrupt company with its creditors are completed. The company ...

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 ...

THE EX-BILLIONAIRE WAS ATTRACTED TO A SOLIDARITY SUBSIDY FOR 700 MILLION

... billion rubles. The company's assets were estimated at 2.5 billion. The organization was part of the White Frigate Group of Companies, which appeared on the market in 2000. In 2009, for the first time, he found himself in conflict with creditors over a debt of 2 billion rubles. It did not come to the recognition of insolvency then. In 2016, the situation with possible bankruptcy was repeated. Counterparties, including Miratorg, have filed financial claims against the holding. But then bankruptcy was ...

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