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THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... referring to the uniform legal nature of these sanctions. However, the courts of two instances refused them. It was pointed out that the grounds for these liability measures are different. The losses were recovered on the basis of article 61.20, and the subsidiary was recovered on the basis of article 61.11 of the Bankruptcy Law. The courts considered that the applicants had missed the deadlines allowing them to appeal the act of August 29, 2023 on appeal. The cassation did not agree with the lower courts, referring to the existence of grounds for adjusting the amount of Lepikhov's ...

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

The creditor applied to the court to hold the controlling person vicariously liable (case no. A43-28416/20). In rejecting the application, the courts of the two instances proceeded from the reasonableness and good faith of the defendant's actions in assuming obligations under the ...

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

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A74-14107/19). Partially satisfying the application, the courts of two instances proceeded ... ... the dispute for reconsideration, pointing out that the amount of creditors' claims included in the register according to the bankruptcy trustee's report was not comparable with the amount of rent actually received by the defendant under lease agreements....

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

... 18 years. In 2017, Russhina-Tyumen received the status of bankrupt. By the time of bankruptcy, the amount of the company's debt to creditors exceeded 1.2 billion rubles... ... included not only the transfer of assets, but also the staging of a fire. According to the court, the Taganka company (CJSC), affiliated with the Smyshlyaevs, received a batch... ... convicted businessman, his business partner Lilia Akhmetova was also involved in the subsidiary. In a separate proceeding, the court also imposed a penalty in the amount...

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 ...

YOU CAN'T BE RESPONSIBLE FOR THE SAME THING IN BANKRUPTCY CASES OF DIFFERENT COMPANIES

In the framework of the bankruptcy case (No. A40-41566/19), the manager filed an application for bringing to subsidiary responsibility the head of the logistics department of the debtor's parent company. Refusing to satisfy the application, the court of first instance proceeded from the fact that the actions (transactions) imputed to the defendant did not cause any significant harm, did not entail the bankruptcy of the debtor and the impossibility of returning funds to the bankruptcy creditor ...

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 to satisfy the application, recognizing as erroneous the claim that the funds received from the public were spent by the controlling persons at their own discretion ...

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

... other persons. The final amount has not yet been determined. It is assumed that its exact value will become clear after the bankrupt company completes its settlements with creditors. They believe that Saveliev approved transactions that deliberately ... ... amount of which amounted to over 1.1 billion. This caused major damage to the company. On November 28, 2024, the arbitration court considered the application of the bankruptcy trustee representing the interests of Uralstroyneft's creditors. Raiffeisenbank,...

EX-BENEFICIARIES OF SEVERSTROY PARTNER WERE INVOLVED IN THE SUBSIDY

....A75-20726/2019). As a result, the ex-beneficiaries of the company, Bogdan Nestor and Andrei Kopaigora, were involved in the subsidiary. Together with them, the financial responsibility will be shared by the ex-head of the company Svetlana Panteleeva. According to the court, their actions made it impossible to satisfy the organization's obligations to creditors. At the very beginning of the ... ... the organization, controlling it through a network of affiliated organizations. The application for a subsidy was submitted by bankruptcy trustee Konstantin Korolev, according to whom financial assets were deliberately withdrawn from the company. This is ...

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 the defendants committed actions to approve loans to technical borrowers, which led to the bankruptcy of the bank. The cassation sent the dispute for reconsideration in part, pointing out the following: In this case, the judicial acts do not contain circumstances established by the courts and conclusions as to which of the defendants and for ...

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