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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

The head of the 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,...

THE BANKRUPTCY OF THE SAMARA DISTILLERY TURNED INTO A SUBSIDIARY

... Vyacheslav Dormidontov and the liquidator of the company "Asset" (JSC) Alexander Grinkevich. Suspicions of the deliberate bankruptcy of the Samara plant "Rodnik" appeared quite a long time ago. In the summer of 2021, bankruptcy trustee Marat ... ... 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 ...

THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... A73-10777/2019). The District Court granted the complaint, sending the lawsuit for a new review. The LAN company began to go bankrupt in June 2019. As part of the process, on September 27, 2021, Lepikhov was involved in a subsidy. In addition, losses ... ... were recovered from the entrepreneur. And a year ago (by a ruling dated August 29, 2023), the court determined the amount of subsidiary liability, adding a debt of 233.6 million to Lepikhov. Financial manager Diana Marenkova, who is dealing with the bankruptcy of a businessman, and his creditor BM-Bank filed petitions with arbitration in November 2023. They demanded to review ...

IF THE HEAD OF A COMPANY EXCLUDED FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES IS BANKRUPT, THE SUBSIDY WILL BE CONSIDERED IN HIS CASE

The creditor applied to the court for the inclusion of the claim in the register of the debtor-citizen (case no. A41-76337/21). In substantiation of the claim, the creditor pointed out that the company, the head of which was the debtor, owed him a debt, but was subsequently excluded from the Unified State Register of Legal Entities due to the presence of information about unreliability. The courts of three instances rejected the creditor's claim, based on the fact that in itself the presence of...

SUBSIDIARY LIABILITY FOR TAX OBLIGATIONS

... assumed that the controlling person is, for example, the head of the debtor organization. One of the effective mechanisms of subsidiary liability is the possibility of involving a controlling person even after the termination of bankruptcy proceedings. To date, law enforcement practice follows the path of expanding the subject composition of persons acting on the side of a fiscal debtor recognized as bankrupt. It should be noted that the approach of the Supreme Court of the Russian Federation, specified in the Ruling of December ...

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 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...

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 contract. The cassation sent the dispute for reconsideration and noted that the defendant, having concluded general work contracts containing a condition on a fixed price for the work, carried out work by subcontractors...

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