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

... 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 ...

Supreme Court of Russia refused to attract the director to the subsidiary liability due to the confusion with timing

... corresponding claim was filed by the manager, who indicated the director’s inaction, which was expressed in the failure to file a bankruptcy petition. The court of first instance dismissed the claim, the appeal and the district, on the contrary, sided with ... ... period, the debtor had not yet had the signs of insolvency, which in turn indicated the impossibility of bringing his director to subsidiary liability. The next two instances, on the contrary, considered the manager's arguments convincing, pointing out that ...

The court canceled amicable agreement due to the provisions on subsidy liability

... one of the creditors, who expressed dissatisfaction with the terms of the amicable agreement concluded with the debtor. The document was signed by two majority creditors and contained, among other things, a refusal to bring the controlling debtor to subsidiary liability. The court of first instance was not confused by such a state of affairs, and it claimed that the document contained no violations of law. The parties that signed the agreement were two creditors holding 96% of the claims, as well ...

Supreme court of Russia canceled judicial acts due to legal uncertainty

The Economic Board considered the case of bringing the chairman of directors and chief accountant of the debtor-bank to subsidiary liability. The applicant's position was based on the fact that the mentioned persons had issued loans that could have ... ... appeal and the district rejected it. The The Supreme court of Russia put an end to the situation. The question concerned the bankruptcy of a credit organization, whose leaders, on the assumption of the manager, were engaged in issuing irrecoverable loans,...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court ... ... Board pointed out that it was not possible to re-consider the claim. The fact is that there were two claims for the debtor's bankruptcy and, as a consequence, for the subsidiary liability of the persons controlling him. In the first case, the court rejected ...

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