Resistance to subsidiary responsibility in a bankruptcy case
The legal position of the bankruptcy trustee was based on the formal grounds for attracting the persons controlling the debtor to subsidiary liability on the grounds of failure to file for bankruptcy due to the insolvency of the legal entity for more than 3 months following the financial results of 2011. In the framework of the litigation, evidence was presented and a legal position was formed, confirming the fallacy of the bankruptcy trustee’s stated requirements and the fact that the grounds for bringing subsidiary liability to factual circumstances were not consistent.
Evidence was presented to the court confirming the financial stability of the company following the results of 2011, its obtaining loans from a leading bank, which would have been impossible if the legal entity was insolvent. The financial debt available for the year did not exceed the book value of the debtor’s assets.
The judicial authority confirmed the arguments of the representatives of individuals and refused the bankruptcy trustee to involve these persons in the subsidiary responsibility.