The Exiora Law Firm has provided a successful defense on the application for subsidiary liability
In the framework of case № A41-26885/20, the legal team of Exiora Law Firm provided protection to the director General of the bankruptcy creditor – the applicant in the bankruptcy case of the debtor – in respect of whom a separate dispute was initiated to bring him to subsidiary liability. The applicant pointed out that the debtor had been brought to bankruptcy by the unfair actions of the creditor and his management.
Of particular legal interest is the fact that a separate dispute was initiated at the request of the debtor’s actual beneficiary, who, within the framework of a parallel separate dispute initiated by the bankruptcy trustee, was held vicariously liable for the debtor’s obligations. The consideration of a separate dispute was complicated by the fact that the final beneficiary purposefully acquired the status of a majority creditor in order to intercept control over the debtor’s bankruptcy procedure.
The legal team of Exiora collected all the necessary evidence refuting the applicant’s arguments about the status of the controlling debtor, causing losses, bringing the debtor to bankruptcy, which ensured a successful result in the form of refusal to bring to subsidiary liability.