Subsidiary liability

The debtor’s trustee applied to the court for recovery of remuneration and court expenses from the bankruptcy petitioner (Case No. A40-177845/14). The courts of two instances, upon reconsideration, denied the application, motivating their approach by the fact that the applicant in the bankruptcy case had entered into an assignment agreement. Under it, the rights of […]

The Supreme Court of the Russian Federation (SC) has softened the approach to subsidiary liability of debtor controlling persons (CDL) in case of exclusion of an organization from the Unified State Register of Legal Entities for failure to submit reports. The SC considered that administrative liquidation in itself does not mean bad faith of a […]

The Supreme Court returned to the court practice concerning the old and familiar to the market scheme of withdrawal of business to a new structure and leaving an “empty” company for creditors. The lawyers point out that difficulties in interpretation of such cases may be caused by the necessity to carefully separate ordinary corporate actions […]

Vasily Sedov, who was appointed bankruptcy trustee of the company “Integral” in the fall of 2017, made deals on additional insurance for his liability. He spent 942 thousand rubles on this. Since the purpose of such transactions was to conduct the bankruptcy of the company (case No. А07-537/2016), Sedov decided that these expenses should be […]

it was brought to subsidiary liability, if such person had the opportunity to participate in the disputes in which these acts were pronounced before. As part of the bankruptcy proceedings of Yugros LLC a transaction between that company and Evrotek LLC was challenged. Later Evrotek LLC applied to the court for reconsideration of the relevant […]