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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,...

Supreme Court of Russia indicated on what grounds it is impossible to impose subsidiary liability

The highest court of Russia considered the case on bringing one of the persons controlling the debtor-bank to subsidiary liability. The bankruptcy trustee insisted that the defendant had approved transactions that ruined the bank, and had not taken measures to improve financial situation in the credit institution. The courts of three instances unanimously upheld the applicant's position ...

District Court indicated when the director’s subsidiary liability may be reduced

The Arbitration Court of the Ural District considered the case on the complaint of the former head of the debtor, whose claim to reconsider the judicial act due to newly discovered circumstances was rejected by the lower courts. The applicant had previously been brought to subsidiary liability and asked to take into account the fact of the sale of the revealed property of the debtor, which could have affected the amount of claims against him. Refusing to satisfy the application, the court of first instance indicated that ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE FEATURES OF BRINGING A HEAD OF COMPANY TO SUBSIDIARY LIABILITY

The bankruptcy trustee of the debtor demanded in court that the former head of the bankrupt company should be brought to subsidiary liability. The reason was the failure to file a bankruptcy petition in court in a situation of growing debts. The lower courts agreed with this, pointing out that the director had unreasonably omitted to act when the company's financial burden was growing. However, the Supreme Court did not agree with this interpretation ...

COURT NOTICE ? SENDING A COPY OF THE APPLICATION TO THE DEFENDANT

As part of the bankruptcy case, the company appealed to the court against the decision to declare the debtor bankrupt regarding the inclusion of the creditor's claim in the register (case ... ... restore the time limit for appeal, concluding that the applicant was aware of the existence of an application for bringing him to subsidiary liability from the moment he received the mail from the creditor. The cassation sent the dispute for a new appeal, ...

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 ...

THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... bankrupt in June 2019. As part of the process, on September 27, 2021, Lepikhov was involved in a subsidy. In addition, losses in the amount of 2.8 billion rubles 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 the definition of the Khabarovsk arbitration, issued on September 27, 2021. The applicants considered that the businessman ...

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 ...

THE FACT OF THE RECOVERY OF FUNDS BY THE COURT DOES NOT INDICATE COMPENSATION FOR DAMAGE

... December 14, 2023 in case No. A15-5558/16). Forming its position, the district court presented the following arguments: Insisting on bringing the defendants to subsidiary liability, the manager pointed to the debtor's transactions recognized by the court as invalid, which, in the opinion of the manager, were the cause of the debtor's bankruptcy. The status of a member of the company in order to bring a person to subsidiary liability implies the possibility of having a significant impact on the debtor's activities. At the same time, the approval by the participants of a substantially unprofitable transaction in itself is not sufficient to establish his guilt in ...

THE COURT MUST ESTABLISH THE AMOUNT OF DAMAGES FROM THE MANAGER FOR FAILURE TO GRANT A SUBSIDY

... property, taking into account its condition. In this case, in fact, having presumed the impossibility of replenishing the debtor's bankruptcy estate for the amount of possible subsidiary liability of the persons controlling the debtor, and also pointing to the failure of the manager to provide evidence of the impossibility of collecting funds from individuals in the appropriate amount, the courts incorrectly distributed the burden of proof, freeing the authorized body from proving the amount of damages to be reimbursed....

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