As part of the bankruptcy case, the bankruptcy trustee’s application for bringing the former head of the debtor to subsidiary liability in the amount of more than 4.5 billion rubles was considered. Last year, the court of first instance recognized the claims of the bankruptcy trustee as justified and brought the former head to subsidiary responsibility. On the day of the decision, he applied for the protection of his interests to the Bureau of Lawyers “De jure”. All work on the analysis of the situation, the preparation of a legal position was carried out in a very short time. But it was not possible to defend the position in the court of appeal – by the Resolution of the Ninth Arbitration Court of Appeal, the judicial act was upheld. At the same time, it is important that at the stage of appeal, extremely important evidence was added to the case file. It was possible to radically improve the situation in the court of cassation – unjust decisions were canceled, and the case was sent for a new trial. As a result of a new consideration, the Moscow City Arbitration Court refused to satisfy the bankruptcy trustee’s requirements for bringing to subsidiary liability in full. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, Viktor Pokormyak, Head of the Practice of Challenging Dubious Transactions at the Bureau of Lawyers “De jure”. Aleksandra Reznichenko, senior lawyer of the Bureau, took part in the formation of the legal position.
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