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5 Important Trends of subsidiary liability in bankruptcy

... subsidiary liability continues to be relevant among participants in civil cases. The past year 2021 was rich in the positions of the courts on this issue. Vladimir Kuznetsov, the Vice-President of the Association of Lawyers for Registration, Liquidation, Bankruptcy and Legal Representation, told Rusbankrot about the latest trends in the changing practice. First of all, it is worth noting the points regarding the criteria for bringing to subsidiary liability . Last autumn, two definitions of the Supreme Court of Russia at once contained references to them. Among the signs that allow satisfying an application for a subsidy liability in relation to a specific person, the following are named: ...

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

... introduced, and the courts, by their actions, in fact, deprived him of the opportunity to protect his rights. An additional argument was the reference to the resolution of the Plenum of the Supreme Court of Russia of 2017 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 ...

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 ...

THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

...,392,293.15 rubles), a penalty (802,869 rubles), a fine (1,100,08,07 rubles) and compensation for moral damage (5 thousand rubles). However, the citizen did not receive any money from the company. Therefore, at the end of March 2021, she initiated the bankruptcy of the organization in the Sakhalin arbitration. In May 2021, the arbitration court took the company under surveillance, including Su Kim's claims in the register of creditors in the amount of more than 3.3 million rubles (case No. A59-1584/2021)....

IGUMNOV GROUP LAWYER: THE CONSTITUTIONAL COURT REALLY EXPANDS THE OUT-OF-BANKRUPTCY SUBSIDY

... practice of bankruptcy and separate disputes of Igumnov Group, lawyer Vadim Makarichev, called the ruling of the Constitutional Court 6-P of 07.02.2023 significant, which interprets paragraph 1, paragraph 12 of Article 61.11 of the Bankruptcy Law (non-bankruptcy subsidiary liability). In its position, the Constitutional Court expands non-bankruptcy subsidiary liability and redistributes the burden of proof. The essence of the matter was as follows. The sole proprietor collected money from the company, but instead ...

CASSATION: COURTS ARE OBLIGED TO ESTABLISH THE MOMENT OF OCCURRENCE OF OBJECTIVE BANKRUPTCY

In the framework of the bankruptcy case (No. A40-34123/19), the courts considered the application of the manager for bringing the former director of the debtor to subsidiary liability. In support of the application, the manager referred to the fact that in the framework of the bankruptcy case of one of the debtor's creditors, the transaction on the transfer of funds by the debtor in favor of the creditor was challenged, this restorative claim was subsequently included in the debtor's register. The court of first instance ...

SUBSIDIARY LIABILITY FOR TAX OBLIGATIONS

... of the person, as well as other entities related to the property of this person. To submit an application for bringing to subsidiary responsibility for tax offenses, a positive court decision on collecting arrears from the debtor is sufficient. The subsidiary liability of the controlling debtor of the person in the bankruptcy process is an independent type of liability and cannot be reduced to additional liability, which is exclusively derived from the liability of the main debtor. The collection of tax arrears from founders, managers, employees and the imposition ...

THE SUPREME COURT DEALT WITH THE AMOUNT OF THE SUBSIDY FOR FAILURE TO FILE A BANKRUPTCY APPLICATION

... the basis of the following: The obligations under which the defendant was held accountable by the courts arose before the date of his appointment to the position of the debtor's general director. At the same time, such a basis for bringing a person to subsidiary liability, as failure to file a debtor's bankruptcy application, assumes that only claims that arose after the date when such an application should have been filed can be included in the liability. Photo: Freepik

THE SUPREME COURT RECALCULATED THE TERMS IN THE DISPUTE ON SUBSIDIARY LIABILITY

... insolvency case of the company (No. A19-5157/2017), one of the creditors (JSC "IESK") tried to bring the ex-director to subsidiary liability. However, the issue of calculating the statute of limitations greatly confused the situation in which the ... ... the Angarit company. According to representatives of "IESK", the woman violated the obligation to file a claim for bankruptcy of the organization in time, provided for in article 9 of the relevant law. However, the Irkutsk arbitration court,...

THE BANKRUPTCY OF THE SAMARA DISTILLERY TURNED INTO A SUBSIDIARY

... responsibility. In particular, one of the creditors of the enterprise was accused of a criminal transaction by the company "EkoStroyResurs", whose assets have increased sevenfold. However, the involvement of the company and its management in the bankruptcy of the "Spring" could not be established. The former head of Rosalkogolregulirovaniya Igor Chuyan, who changed his surname to Levin, also avoided subsidiary liability in the case of Rodnik. And this is despite accusations of financial crimes in other cases. The official hiding in Montenegro, sources believe, could have involved Pavel Smetana in a scheme with the redistribution of loans opened in ...

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