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

The complaint of the former head of debtor, who did not agree with bringing him to subsidiary liability, was submitted to the Arbitration Court of the North-West District. The judges of the first and the appellate ... ... instances considered the circumstances listed by the trustee to be proven and brought the former head of debtor to justice, but the district court indicated that the conclusions were premature. It was noted by the cassation that the argument about the untimely ...

The district court clarified the specifics of bringing the head of company to subsidiary liability

... pointed out that the manager did not prove that the failure to transfer the requested documents significantly complicated the debtor's insolvency procedure. Moreover, the court of appeal referred to the fact that at the time of the consideration of the ... ... decision had not yet been made in another case, within which the bankruptcy manager had requested the documents. However, the district court did not agree with this opinion and outlined a number of important theses. When considering cases of attracting head of company to subsidiary liability due to the lack of the required documentation, it is important to remember the burden of proof. On the one ...

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