The II annual Pravo.ru conference “Responsibility of the company’s top managers: recovery of losses, subsidiary and criminal liability” will be held in Moscow on March 20. MCBA “Bureau of Lawyers “De jure” is the event’s partner.
Head of MCBA “Bureau of Lawyers “De jure” Nikita Filippov will present a report “Interim measures in cases of subsidiary liability: what the creditor and the debtor need to know”. As you know, until the beginning of 2020, the courts unequivocally refused to satisfy interim measures in disputes on bringing former owners of bankrupt companies to subsidiary liability, if the applicant did not provide confirmation “with a high degree of reliability of the facts by the defendants of actions aimed at alienating their property, or preparations for such actions”. However, this year the situation has changed. “We managed to reverse this trend in the bankruptcy case of PJSC “Time Bank”, in which MCBA “Bureau of Lawyers “De jure” represented the interests of the Deposit Insurance Agency (DIA), – says Filippov. For this we had to reach the highest judicial instance. The determination of the Judicial Collegium on Economic Disputes of the Supreme Court of the Russian Federation No. 305-ES19-16954 dated 09.01.2020 in the case № A40-168999 / 2015 became the starting point for the formation of a new judicial practice. Today, the courts take interim measures and seize the money and property of the former owners of bankrupt companies if their liability for bankruptcy has been confirmed.”