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A receiver in bankruptcy sued a former director of a bankrupt company. He demanded to bring our client to subsidiary responsibility in the amount exceeding RUB 33 mln.
The ground for his claims was the violation by the former director of his duty to independently apply to the court for bankruptcy. By law, debtors must themselves apply to a court for bankruptcy.
However, does a debtor always have to notify a court of its bankruptcy?
A company was declared bankrupt on the basis of an application filed by a creditor whose debts had not been repaid. At the same time, the former director of the debtor company was noticed in evading the transfer of inventories and documents relating to the activities of the company to the receiver in bankruptcy. As a result, the latter had questions and made requests to the government authorities and banks for information about director's activities.
The analysis of bank statements from the current accounts of the debtor company revealed a large number of questionable payment transactions made by the former director.
The receiver in bankruptcy filed a lawsuit seeking to recover damages from the former director.
Under what conditions can damages be recovered from the former director?
The operations of transport companies (carriers) are often built upon the agency model. Agents sell tickets at bus stations, receive all proceeds and then transfer them to the carrier. Such intermediary receives a fee for the services. What to do if the carrier goes into bankruptcy and the agent's fee is sought to be declared an invalid transaction?