Bringing KDL to subsidiary liability in the amount of more than 200,000,000 rubles

Client's area:
Large logistics company
Review term:
4 months
Protection of the client in the framework of the bankruptcy case, in a separate dispute on holding CDL to subsidiary liability
The bankruptcy trustee has filed a lawsuit with the court on bringing KDL to subsidiary liability in the amount of more than 200,000,000 rubles. The statement of the bankruptcy trustee was based on paragraph 1 of Article 61.10, paragraph 1, sub. 1 p. 2 of article 61.11, art. 61.2 and Art. 61.3 Bankruptcy Law

We have proved that the client does not fall under the concept of "person controlling the debtor", established by paragraph 1 of Art. 61.10 of the Bankruptcy Law, since the provisions of the aforementioned norm are not subject to application for transactions that took place in 2012-2015, that is, before the introduction of this norm into force.
Thus, he is not a KDL, since he ceased to be a member of the company more than 2 years before the court accepted a statement declaring it bankrupt


By the ruling of the Moscow Arbitration Court of July 31, 2019, the court refused the bankruptcy trustee to bring Igor Marsovich G., Alexander P. Mikhailovich to the debtor for obligations of the debtor in full

Gushin Fedor Aleksandrovich
Deputy Chairman of the Board of MBA “MAGNETAR”, lawyer, senior partner