Bankruptcy. Projects

VICARIOUS LIABILITY
As part of the company’s bankruptcy case, the bankruptcy trustee established grounds for bringing the company’s CEO and sole member to vicarious liability. Having joined the case, KIAP associates also identified a bunch of transactions and circumstances proving existence of another person controlling the debtor - the CEO’s wife, who was later engaged in as a co-defendant. KIAP associates...
 110 16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev
KIAP associates joined the Principal’s defense when the dispute had been pending for eighteen months already. The main problem was that the bankruptcy trustee challenged the transactions as damaging to the creditor, the total amount of which amounted to nearly 40% of the register of creditors’ claims. Moreover, the Principal had no documents that would enable its protection from being held lia...
 89 16 July 2024 Bankruptcy Ilya Ischuk
As part of the bankruptcy case of a major construction company, the debtor’s controlling entities were held vicariously liable for the company’s obligations. However, while the application for bringing the debtor’s controlling entities to vicarious liability was being considered, the courts in concurrent disputes satisfied the applications of new creditors for inclusion in the register, thereb...
 78 16 July 2024 Bankruptcy Daniil Zherdev, Anna Andreyeva
In a bankruptcy case of a major tour operator, the Firm’s experts managed to prove presence of grounds to hold the former CEO liable for the company’s debts - the CEO did not hand over any documents on the company’s activities to the bankruptcy trustee, which prevented the bankruptcy estate from being formed in time and in full. During the case examination, the Firm’s associates managed...
 79 16 July 2024 Bankruptcy Ilya Ischuk
KIAP associates represented a former top manager of a major retail chain in a dispute over his being brought to vicarious liability in a bankruptcy case for the company’s debts. The amount of creditor claims exceeded RUB 11 billion. Despite the arguments of the opponents about existing losses and culpable actions on the part of the top managers, the Firm’s associates managed to pro...
 79 16 July 2024 Bankruptcy Ilya Ischuk