Secondary liability claims for RUB 900 million were filed against a director of a group company. Our Law Firm intervened in the case in 2019. By the time, the dispute had lasted for a year and a half, and included 4 secondary liability claims. The Administrator successfully challenged a number of the debtor’s transactions. Later, the fifth claim was filed. As a result, the court considered a bunch of claims to individuals and legal entities in relation to failure to file a bankruptcy petition, and transfer documents to the Official Receiver, and unprofitable transactions.
We had to deal with some issues, including that the Administrator challenged the transactions as causing damage to the creditor, the total amount of the challenged transactions was about 40% of the list of creditors, and our Principal, stating that all transactions were real arm's length transactions, had no documents at all. In this regard, we initiated our legal investigation. As a result, our efforts, including lawyer requests, requests for documents in court and witness interviews, allowed to make a solid body of evidence to prove the existence of the transactions (account statements, agreements, KS-2 and KS-3 certificates, executive documents, state expert review reports, etc.).
Based on our evidence, the court ordered that our Client should not be secondarily liable.
The Client was represented in court by Ilya Dedkovskiy, Head of Bankruptcy Practice.