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

... 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 ...

YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR

As part of the bankruptcy case of a citizen, the courts considered the issue of including the bank's claim in the debtor's register (case No.... ... are justified and should be included in the register. The Supreme Court referred the complaints of the debtor's manager and creditors to the board for consideration, reflecting in its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights to a citizen, security rights under surety ...

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

... District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision was considered erroneous in cassation. The bankruptcy trustee submitted an application for bringing the head of debtor to subsidiary liability and referred to several circumstances at once. Among them, there were untimely transfer of the debtor's documentation, causing harm to creditors by a number of transactions and failure to file a bankruptcy petition in a situation where there was a debt to one of the creditors. The judges of the first and appeal instances considered the circumstances listed by the trustee to be proven and brought the former head of debtor to justice, but the district ...

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 ... ... 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... ... bankruptcy were terminated due to the absence of a bankruptcy trustee. Then one of the creditors made another attempt to initiate an insolvency case. This time, another manager...

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